Cantonment Act 1924
Cantonment Act 1924
Cantonment Act 1924
CONTENTS
CHAPTER I.
PRELIMINARY
1 Short title, extent and commencement.
2 Definitions.
CHAPTER II.
DEFINITION AND DELIMITATION OF CANTONMENTS
3 Definition of cantonments.
4 Alteration of limit of cantonments.
5 The effect of including area in cantonment.
6 Disposal of cantonment fund when area ceases to be a cantonment.
7 Disposal of cantonment fund when area ceases to be included in a cantonment.
8 Application of funds and property transferred under sections 6 and 7.
9 Limitation of operation of Act.
CHAPTER III.
CANTONMENT BOARDS
10 Cantonment board and executive officer.
11 Incorporation of cantonment board.
12 Appointment of executive officer.
13 Classification of cantonments.
13 A Constitution of cantonment boards.
14 Power to vary constitution of boards in special circumstances.
15 Division of cantonment into wards.
15 A Electoral rolls.
15 B Qualifications and disqualifications of members.
15 BB Candidates not to contest election on political party basis.
15 C Electoin of members.
15 D Conduct of elections.
15 E Term of office of members.
15 F Resignation of member.
15 G Removal of nominated member.
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15 H Casual vacancy in the office of nominated member.
15 I Declaration of property.
16 [Omitted.]
17 [Omitted.]
18 Oath or affirmation.
19 Resignation.
20 President and vicepresident.
21 Term of office of vice president.
22 Duties of president.
23 Duties of vicepresident.
24 Duties of the executive officer.
25 Special power of the Executive Officer.
Election
2631 [Omitted.]
Members
32 Member not to vote on matter in which he is interested.
33 Liability of members.
34 Removal of members.
35 Consequences of removal.
Servants
36 Disqualification of person as servant of Board.
36 A Cantonment servant to be deemed a public servant.
Procedure
37 Meetings.
38 Business to be transacted.
39 Quorum.
40 Presiding officer.
41 Minutes.
42 Meetings to be public.
43 Method of deciding questions
43 A Committees for Bazars
43 B Mohallah Panchayats
44 Power to make regulations
45 Joint action with other local authority
45 A Report on administration.
Control
46 Power of Federal Government to require production of documents
47 Inspection.
48 Power to call for documents.
49 Power to require execution of work, etc.
50 Power to provide for enforcement of direction under section 49.
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51 Power to override decision of Board.
Power of Officer CommandinginChief, the Command, or Offence under Section
52
51 or otherwise.
53 Powers of Federal Government on a reference made under section 51.
54 Supersession of Board
Validity of Proceedings
55 Validity of proceedings, etc.
CHAPTER IV.
SPIRITUOUS LIQUORS AND INTOXICATING DRUGS
56 Unauthorised sale of spirituous liquor or intoxicating drug.
57 Unauthorised possession of spirituous liquor.
Arrest of persons and seizure and confiscation of things for offences against the
58
two last foregoing sections.
59 Saving of articles sold or supplied for medicinal purposes.
TAXATION
CHAPTER V.
IMPOSITION OF TAXATION
60 General power of taxation.
61 Framing of preliminary proposals.
62 Objections and disposal thereof.
63 Imposition of tax.
64 Definition of "annual value".
65 Incidence of taxation.
Assessment List
66 Assessment List.
67 Publication of assessment list.
68 Revision of assessment list.
69 Authentication of assessment list.
70 Evidential value of assessment list.
71 Amendment of assessment list.
72 Preparation of new assessment list.
73 Notice of transfers.
74 Notice of erection of buildings.
Remission and Refund
75 Demolition, etc, of buildings.
76 Remission of tax.
77 Power to require entry in assessment list of details of buildings.
77 A Notice to be given of the circumstances in which remission or refund is claimed.
78 What buildings, etc, are to be deemed vacant.
79 Notice to be given of every occupation of vacant building or house.
Charge on Immoveable Property
80 Tax on buildings and land to be a charge thereon.
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Octroi, Terminal Tax and Toll
81 Inspection of imported goods, etc.
82 Evasion of octroi or terminal tax.
83 Lease of octroi, terminal tax or toll.
Apeals
84 Appeals against assessment.
85 Cost of appeal.
86 Recovery of costs from Board
87 Conditions of right to appeal.
88 Finality of appellate orders.
Payment and Recovery of taxes
89 Time and manner of payment of taxes.
90 Presentation of bill.
91 Notice of demand.
92 Recovery of tax.
93 Distress.
94 Disposal of distrained property.
95 Recovery from a person about to leave cantonment.
96 Power to institute suit for recovery.
Special Provisions relating to Taxation
97 Power to prohibit or exempt from taxation.
98 Power to make special provision for conservancy in certain cases.
99 Exemption in the case of buildings.
99 A General power of exemption.
100 Exemption of poor persons.
101 Composition.
102 Irrecoverable debts.
103 Obligation to disclose liability.
104 Immaterial error not to affect liability.
105 Distraint not to be invalid by reason of immaterial defect.
CHAPTER VI.
CANTONMENT FUND AND PROPERTY
Contonment Fund
106 Cantonment fund.
107 Custody of cantonment fund.
Property
108 Property.
109 Application of cantonment fund and property.
110 Acquisition of immovable property.
111 Power to make rules regarding cantonment fund and property.
CHAPTER VII.
CONTRACTS.
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112 Contracts by whom to be executed.
113 Sanction.
114 Execution of contracts.
115 Contracts improperly executed not to be binding on a board.
CHAPTER VIII.
DUTIES AND DISCRETIONARY FUNCTIONS OF BOARDS
116 Duties of Board.
116 A Power to manage property
117 Discretionary functions of Board
117 A Power of expenditure for educational purposes outside the cantonment.
CHAPTER IX.
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES
GENERAL NUISANCES
118 Penalty for causing nuisances
Dogs
119 Registration and control of Dogs
Traffic
120 Rule of the road traffic.
Prevention of Fire etc.
121 Use of inflammable materials for building purposes.
122 Stacking or collecting inflammable materials.
123 Care of naked light.
124 Regulation of cinematographic and dramatic performances.
125 Discharging fireworks, firearms, etc.
126 Power to require buildings, wells, etc, to be rendered safe.
127 Enclosure of waste land used for improper purposes.
CHAPTER X.
SANITATION AND THE PREVENTION AND TREATMENT OF DISEASE
Sanitary Authorities
128 Responsibility for sanitation.
129 General duties of Health Officer
Conservancy and Sanitation
130 Public latrines, urinals and conservancy establishment.
131 Power of Board to undertake private conservancy arrangements.
132 Deposit and disposal of rubbish, etc.
133 Cesspools, receptacles for filth, etc.
134 Filling up of tank, etc.
135 Provision of latrines, etc.
136 Sanitation in factories, etc.
137 Private latrines.
138 Removal of congested buildings.
139 Overcrowding of dwelling houses.
140 Power to require repair or alteration of building.
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141 Power to require land or building to be cleansed.
142 Power to order disuse of house.
Removal of noxious vegetation.
143
Burial and Burning Grounds.
144 Agriculture and irrigation.
Burial and Burning Grounds
145 Power to call for information regarding burial and burning grounds.
146 Permission for use of new burial or burning ground.
147 Power to require closing of burial of burning ground.
148 Exemption from operation of sections 145 to 147.
149 Removal of corpses.
Prevention of Infections or Contagious Disease
150 Obligation to give information of infectious or contagious diseases.
151 Special measures in case of outbreak of infectious or epidemic diseases.
152 Power to require names of dairyman's customers.
153 Power to require names of a washerman's customers.
154 Report after inspection of dairy or washerman's place of business.
155 Action on report submitted by Health Officer.
156 Examination of milk or washed clothes.
157 Contamination of public conveyance.
158 Disinfection of public conveyance.
159 Penalty for failure to report.
Driver of conveyance not bound to carry person suffering from infectious or
160
contagious diseases.
161 Disinfection of building or articles therein.
162 Destruction of infectious hut or shed.
163 Temporary shelter for inmates of disinfected or destroyed building or shed.
164 Disinfection of building before letting the same.
165 Disposal of infected article without disinfection.
166 Means of disinfection.
167 Making or selling of food, etc., or washing clothes by infected person.
168 Power to restrict or prohibit sale of food or drink.
169 Control over wells, tanks, etc.
170 Disposal of infectious corpse.
Hospitals and Dispensaries
171 Maintenance or aiding of hospitals or dispensaries.
172 Medical supplies, appliances, etc.
173 Free patients.
174 Paying patients.
175 Power to order person to attend hospital or dispensary.
Power to exclude from cantonment persons refusing to attend hospital or
176 dispensary.
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Control of Traffic for Hygienic Purpose
177 Routes for pilgrims and others.
Special Conditions regarding Essential Services
178 Conditions of service of sweepers.
CHAPTER XI.
CONTROL OVER BUILDING, STREETS, BOUNDARIES, TREES, ETC
Buildings
178 A Sanction for building.
179 Notice of new buildings.
180 Conditions of valid notice.
181 Power of Board to sanction or refuse.
182 Compensation.
183 Lapse of sanction.
183 A Period for completion of building.
184 Illegal erection and reerection.
185 Power to stop erection or reerection or to demolish.
186 Power to make byelaws.
187 Projections and obstructions.
188 Unauthorised buildings over drains, etc.
189 Drainage and sewer connections.
190 Power to attach brackets for lamps.
Streets
191 Temporary occupation of street, land, etc.
192 Closing and opening of streets.
193 Names of streets and numbers of buildings.
Boundaries and Trees
194 Boundary walls, hedges and fences.
195 Felling, lopping and trimming of trees.
196 Digging of public land.
197 Improper use of land.
CHAPTER XII.
MARKETS, SLAUGHTERHOUSES, TRADES AND OCCUPATIONS.
198 Public markets and slaughterhouses.
199 Use of public markets.
200 Levy of stallages, rents and fees.
201 Stallages, rents, etc, to be published.
202 Private markets and slaughterhouses.
203 Conditions of grant of license for private market or slaughterhouse.
204 Penalty for keeping market or slaughterhouse open without lecense, etc.
205 Penalty for using unlicensed market or slaughterhouse.
206 Prohibition and restriction of use of slaughterhouses.
207 Power to inspect slaughterhouses.
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208 Power to make byelaws.
Trades and Occupations
209 Provisions of washing places.
210 Licences required for carrying on of certain occupations.
211 Conditions which may be attached to lecences.
General Provisions
212 Power to vary lecence.
213 Carrying on trade, etc, without licence or in contravention of section 212.
214 Feeding animals on dirt, etc.
Entry Inspection and Seizure
215 Powers of entry and seizure.
Import of Cattle and flesh
216 Import of cattle and flesh.
CHAPTER XIII.
WATERSUPPLY, DRAINAGE AND LIGHTING
Watersuply
217 Maintenance of watersupply.
218 Control over sources of public watersupply.
Power to require maintenance or closing of private source of public drinking water
219
supply.
220 Supply of water.
221 Power to require watersupply to be taken.
222 Supply of water under agreement.
223 Board not liable for failure of supply.
224 Conditions of universal application.
225 Supply to persons outside cantonment.
226 Penalty.
Water, Drainage and other Connections
227 Power of Board to lay wires, connections, etc.
228 Wires, etc, laid above surface of ground.
229 Connection with main not to be made without permission.
230 Power to prescribe ferrules and to establish meters, etc.
231 Power of inspection.
232 Power to fix rates and charges.
APPLICATION OF THIS CHAPTER TO GOVERNMENT WATERSUPPLY
233 Government watersupply.
234 Recovery of charges.
234 A Supply of water from Government watersupply to the Board.
234 B Functions of the Board in relation to distribution of bulk supply.
CHAPTER XIV.
REMOVAL AND EXCLUSION FROM CANTONMENTS AND
SUPPRESSION OF SEXUAL IMMORALITY.
235 Power to remove brothels and prostitutes.
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236 Penalty for loitering and importuning for purposes of prostitution.
237 Removal of lewd person from cantonment.
238 Removal and exclusion from cantonment of disorderly persons.
239 Removal and exclusion from cantonment of seditious persons.
240 Penalty.
CHAPTER XV.
POWER, PROCEDURE, PENALTIES AND APPEALS
Entry and Inspection
241 Powers of entry.
242 Powers of inspection by member of a Board.
243 Powers of inspection, etc.
244 Power to enter land adjoining land where work is in progress.
245 Breaking into premises.
246 Entry to be made in the day time.
247 Owners consent ordinarily to be obtained.
248 Regard to be had to social and religious usages.
249 Penalty for obstruction.
Powers and Duties of Police Officers
250 Arrest without warrant.
251 Duties of police officers.
Notices
252 Notices to fix reasonable time
253 Authentication and validity of notices issued by Board
254 Service of notice, etc.
255 Method of giving notice.
256 Powers of Board in case of noncompliance with notice, etc.
Recovery and Money
257 Liability of occupier to pay in default of owner.
258 Relief to agents and trustees.
259 Method of recovery.
Committees of Arbitration
260 Application for a committees of Arbitration.
261 Procedure for convening committees of Arbitration.
262 Constitution of committee of Arbitration.
No person to be nominated who has direct interest or whose services are not
263
immediately available.
264 Meetings and powers of Committees of Arbitrartion.
265 Decision of Committees of Arbitration.
Prosecutions
266 Prosecution.
267 Compensation of offence.
General Penalty Provisions
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268 General penalty.
269 Cancellation and suspension of licences.
270 Recovery of amount payable in respect of damage to cantonment property.
Limitation
271 Limitation for prosecution.
272 Protection of Board, Executive Officer, etc.
273 Notice to be given of Suits.
Appeals and Revisions
274 Appeals from executive orders.
275 Petition of appeal.
276 Suspension of action pending appeal.
277 Revision.
278 Finality of appellate orders.
279 Right of appellant to be heard.
CHAPTER XVI.
RULES AND BYELAWS
280 Power to make rules.
281 Supplemental provisions respecting rules.
282 Power to make byelaws.
283 Penalty for breach of byelaws.
284 Supplemental provisions regarding byelaws.
285 Rules and byelaws to be available for inspection and purchase.
CHAPTER XVII.
SUPPLEMENTAL PROVISIONS
286 Extension of certain provisions of the act and rules to places beyond cantonments.
286 A Power to delegate functions of Executive Officer.
286 B Delegation of powers.
287 Registration.
288 Validity of notices and other documents.
289 Admissibility of document or entry as evidence.
290 Evidence by officer or servant of the Board.
291 Application of act IV of 1899.
292 [Repealed.]
SCHEDULEI.Notice of demand.
SCHEDULEII.Form of warrant.
SCHEDULE III.Form of inventory of property distrained and Notice of
Sale.
SCHEDULE IV.Cases in which Police may arrest without Warrant.
SCHEDULE V.Appeals from Orders.
SCHEDULE VI.[Repealed.]
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THE CANTONMENTS ACT, 1924
1ACT NO. II OF 1924
(Chapter I. Preliminary)
[16th February, 1924]
An Act to consolidate and amend the law relating to the administra tion of cantonments.
WHEREAS it is expedient to consolidate and amend the law relating to the administration of
cantonments; It is hereby enacted as follows:‑
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement._(1) This Act may be called the Cantonments Act,
1924.
2[(2) It extends to the whole of Pakistan.]
(3) The 3[Federal Government] may, by notification in the 4[official Gazette], direct that this Act,
or any provisions thereof which 5[it] may specify, shall come into force on such date6 as 5[it] may
appoint in this behalf.
2. Definitions. In this Act, unless there is anything repugnant in the subject or context,_
(i) “Assistant Health Officer” means the medical officer appointed by the 7[Competent
Authority], to be the Assistant Health Officer for a cantonment;
(ii) “Board” means a Cantonment Board constituted under this Act;
(iii) “brigade area” means one of the brigade areas,
whether occupied by a brigade or not, into which 8[Pakistan] is for military purposes for the time
being divided, and includes for all or any of the purposes of this Act any area which the 9[Federal
Govern ment] may by notification in
1 For Statement of Objects and Reasons, see Gazette of India, 1923, Pt. V. p. 220: and for Report of Select Committee, see ibid., p. 270.
It has been extended to the Leased Areas of Baluchistan, see G.G.O 3 of 1950; and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I. p. 1499.
The Act has been extended to the Baluchistan States Union by G.G.O. 4 of 1953, as amended.
It has been extended to the Khairpur State, see G.G.O. 5 of 1953 as amended.
It has been and shall be deemed to have been brought into force in Gwadur with effect from the 8 th September, 1958 by Ordinance 37 of 1960, s. 2.
The Provisions of Chapters IX, X, XI, XII, XIVand XV of this Act and the rules and the Byelaws made thereunder, for the Kharian Cantonment which relate to the subject matter of
any of the said Cantonment and in the vicinity thereof described in the Schedule annexed to the Ministry of Defence notification No. 976/63, dated the 17 th May, 1963, see Gazette
of Pakistan 1963, Pt. III, p. 130.
2 The original subsection (2) as amended by A.O., 1949, and Act 26 of 1951, s. 8, has been subs. by Ordinance 21 of 1960, s. 3 and 2 nd Sch. (with effect from the 14 th October,
1955).
3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C”.
4 Subs. by A.O., 1973, for “Gazette of India”.
5 Subs. ibid., for “he”.
6 The 1 st May, 1924.
7 Subs. by the Cantonments (Amdt.) Ord., 1979 (44 of 1979), s. 2, for “Officer Commanding inChief, the Command” which was previously amended by Act 35 of 1926, s. 2, for
“Officer Commanding the District”.
8 Subs. by A.O., 1949, for “India”.
9 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C.”.
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the 1[official Gazette], declare to be a brigade area for such purpose or pur poses;
2[(iv) “building” means a house, outhouse, stable, latrine, shed, hut or other roofed structure
whether of mas onry, brick, wood, mud, metal or other material, and any part thereof, and
includes a well and a wall (other than a boundary wall not exceeding eight feet in height
and not abutting on a street) but does not include a tent or other portable and temporary
shelter;]
3* * * * * *
4* * * * * *
(vii) “casual vacancy” means a vacancy occurring other wise than by efflux of time in the
office of an elected member of a Board ;
5[(viii) “Competent Authority” means the Chief of the Army Staff or any other officer
appointed by the Federal Government to be the Competent Authority in respect of one or
more cantonments or class of cantonments;
6* * * * * * *
(x) “dairy” includes any farm, cattle‑shed, milk‑store, milk‑shop or other place from which
milk is sup plied or in which milk is kept for purposes of sale or is manufactured for sale
into butter, ghee, cheese or curds, and, in relation to a dairyman who does not occupy any
premises for the sale of milk, includes any place in which he keeps the vessels used by
him for the storage or sale of milk ;
(xi) “dairyman” includes the keeper of a cow, buffalo, goat, ass or other animal, the milk of
which it offered or is intended to be offered for sale for human con sumption, and any
purveyor of milk and any occu pier of a dairy ;
7[(xia) “elected member” means a person elected under this Act as member of a Board;]
Committee in a cantonment who has become a member of the Board under Article 12 of
the Basic Democracies Order, 1959 (P.O. 18 of 1959):]
8 [9[(xib)] “entitled consumer” means a person in a cantonment who is paid from the
Defence Services Estimates and is authorised by general or special order of the
10[Federal Government] to receive a supply of water for domestic purposes from the
Military Engineer Services or the Public Works Department on such terms and conditions
as may be specified in the order ; ]
1 Subs. by A.O., 1973, for “Gazette of India”.
2 Subs.by Act 24 of 1936, s.2, for the original clause.
3 Cl. (v) omitted, ibid.
4 Cl. (vi) omitted by the Cantonments (Amdt.) Ordinance, 1960 (38 of 1960), s. 2 (with effect from the 16 th May, 1960).
5 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 3, for clause (viii), which were previously amended by various enactments.
6 Cl. (ix) omitted by Act 12 of 1935, s. 2 and 1 st Sch.
7 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 3. for clause (xia), which was previously amended by Ord. 38 of 1960, s. 2.
8 Ins. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 2.
9 Cl. (xia) renumbered as cl. (xib) by Ord. 38 of 1960, s. 2 (with effect from the 16 th May, 1960).
10 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C”.
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1* * * * * * *
(xiii) “Executive Officer” means the person appointed under this Act to be the Executive Officer of a
canton ment ;
(xiv) “Health Officer” means the senior executive medical officer in military employ on duty in a
cantonment;
2* * * * * * *
(xvi) “hut” means any building, no material portion of which above the plinth level is constructed of
mas onry or of squared timber framing or of iron framing;
(xvii) “infectious or contagious disease” means cholera, leprosy, enteric fever, small‑pox,
tuberculosis, diph theria, plague, influenza, venereal disease, and any other epidemic, endemic or
infectious disease which the 3[Federal Government] may, by notification in the 4[official
Gazette], declare to be an infectious or contagious disease for the purposes of this Act ;
(xviii) “inhabitant”, in relation to a cantonment, or local area, means any person ordinarily residing or
carry ing on business or owning or occupying immoveable property therein, and in case of a
dispute means any person declared by the District Magistrate to be an inhabitant ;
(xix) “intoxicating drug” means opium, ganja, bhang, charas and any preparation or admixture thereof,
and includes any other intoxicating substance, or liquid which the 5[Federal Government], 6* * *
may, by notification in the 7[official Gazette], declare to be an intoxicating drug for the purposes
of this Act ;
8[(xixa) “Maintenance Engineer” means the public Works Officer of that grade, or the officer of the
Military Engineer Services of the corresponding grade, having charge of the military works in a
cantonment or, where more than one such officer has charge of the military works in a cantonment,
such one of those officers as the officer Commanding the station may designate in this behalf, and
includes the officer of whatever grade in immediate executive engineering charge of a
cantonment;]
(xx) “market” includes any place where persons assemble for the purpose of selling meat, fish, fruit,
vegetables, live‑stock or any other article of food ;
9[(xxa) “Military Estates Officer” means the officer appointed by the 10[Federal Government] to
perform the duties of the Military Estates Officer under rules made under clauses (a) and (b) of
sub‑section (2) of section 280 ;]
1 Clause (xii) omitted by Ord. 44 of 1979, s. 3.
2 Cl. (xv) omitted by Act 24 of 1936, s. 2.
3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G.”.
4 Subs. by A.O., 1937, for “local official Gazette”.
5 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
6 The words “with the previous sanction of the G.G. in C.” omitted by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 2.
7 Subs. by A.O., 1937 for “local official Gazette”.
8 New clause (xixa) ins. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 3.
9 Ins. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 2.
10 Subs. by A.O., 1937, for “G.G. in C”.
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(xxi) “Military officer” means__
(a) a person who being an officer within the meaning of 1* * * the Pakistan Army
Act 1952], 1* * * 2[or the Pakistan Air Force Act, 1953], is com missioned and in
pay as an officer doing military or air force duty with 3[the military or air forces of
Pakistan] or is an officer doing such duty in any arm branch or part of those forces;
or
(b) a person doing military or air force duty as a warrant officer with either of those
forces or with any arm, branch, or part thereof, whether he is or is not an officer
within the meaning of 1* * * the Pakistan Army Act, 1952, 1* * * 4[or the of
Pakistan Air Force Act, 1953;
(xxii) “nuisance” includes any act, omission, place or thing which causes or is likely to cause
injury, danger, annoyance or offence to the sense of sight, smell or hearing, or which is or
may be dangerous to life or injurious to health or property ;
(xxiii) “occupier” includes an owner in occupation of, or otherwise using his own land or
building ;
(xxiv) “Officer Commanding the District” means the Officer Commanding any one of the
districts into which 5[Pakistan] is for military purposes for the time being divided, or any
brigade area which does not form part of any such district, or any area which the
6[Federal Government] may, by notification in the 7[official Gazette], declare to be such a
district for all or any of the purposes of this Act ;
8[(xxiva) “Officer Commanding the station” means the military officer for the time being in
command of the forces in a cantonment, or, if that officer is the Officer Commanding the
District or 9[Competent Authority] the military officer who would be in command of
those forces in the absence of the Officer Commanding the District and 9[Competent
Authority] ;]
10* * * * * * *
(xxvi) “owner” includes any person who is receiving or is entitled to receive the rent of any
building or land whether on his own account or on behalf of himself
1 Certain words omitted by Federal laws (Revision and Declaration) ordinance, 1981 (27 of 1981), s. 3, and Sch. II, which previously amended by various enactments.
2 Ins. by the central laws (Statute Reform) ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955).
3 Subs. by A.O., 1961, Art. 2 and Sch. for “His Majesty’s military or air forces” (with effect from the 23 rd March, 1956).
4 Ins. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th October, 1955).
5 Subs. by A.O., 1949, for “India”.
6 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C”.
7 Subs. by A.O., 1937 for “Gazette of India”.
8 Cl. (xxiva) ins. by the Repealing and Amending Act, 1935 (12 of 1935), s.2 and 1 st Sch.
9 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 3, for Officer CommandinginChief, the Command”.
10 Cl. (xxv) omitted by the Cantonments (Amdt.) Ordinance, 1960 (38 of 1960), s. 2 (with effect from the 16 th May, 1960).
Page 14 of 129
and others or an agent or trustee, or who would so receive the rent or be entitled to
receive it if the building or land were let to a tenant ;
(xxvii) “party wall” means a wall forming part of a building and used or constructed to be
used for the support or separation of adjoining buildings belonging to dif ferent owners, or
constructed or adapted to be occupied by different persons ;
1[(xxviia) “peasant” means a person who owns agricultural land not exceeding five acres and
engages himself personally in the cultivation of land;]
(xxviii) “private market” means a market which is not maintained by a 2[Board] and which is
licensed by a 2[Board] under the provisions of this Act ;
(xxix) “private slaughter‑house" means a slaughter‑house which is not maintained by a
2[Board] and which is licensed by a 2[Board] under the provisions of this Act ;
(xxx) “public market” means a market maintained by a 2[Board];
(xxxi) “public place” means any place which is open to the use and enjoyment of the public,
whether it is actually used or enjoyed by the public or not ;
(xxxii) “public slaughter‑house” means a slaughter‑house maintained by a 2[Board];
3[(xxxiia) a person is deemed to reside in a cantonment if he maintains therein a house or a
portion of a house which is at all times available for occupation by himself or his family
even though he may himself reside elsewhere, provided that he has not abandoned all
intention of again occupying such house either by himself for his family;]
(xxxiii) “shed" means a slight or temporary structure for shade or shelter ;
(xxxiv) “slaughter‑house” means any place ordinarily used for the slaughter of animals for
the purpose of selling the flesh thereof for human consumption;
4[(xxxv) “soldier” means a person who is a soldier or airman within the meaning of the
Pakistan Army Act, 1952 (XXXIX of 1952), or the Pakistan Air Force Act, 1953 (V of
1953), and who is not a military officer ;]
(xxxvi) “spirituous liquor” means any fermented liquor, any wine, or any alcoholic liquid
obtained by distillation or the sap of any kind of palm tree, and includes any other liquid
containing alcohol which the 5[Federal Government], 6* *
1 New clause (xxviia) ins. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 3.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
3 Ins. ibid., s. 2.
4 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch., II, for clause (xxxv), which was previously amended by Ord. 21 of 1960, s. 2 and
2 nd Sch.
5 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G.”.
6 The words “with the previous sanction of the G.G. in C.” omitted by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 2.
Page 15 of 129
* may, by notification in the 1[official Gazette], declare to be a spirituous liquor for the
purposes of this Act ;
(xxxvii) “street” includes any way, road, lane, square, court, alley 2[ or passage] in a
cantonment, whether a thoroughfare or not and whether built upon or not, over which the
public have a right‑of‑way and also the road‑way or foot‑way over any bridge or
causeway ;
(xxxviii) “vehicle” means a wheeled conveyance of any description which is capable of being
used on a street, and includes a motor‑car, motor lorry, motor omni bus, cart, locomotive,
tram‑car, hand‑cart, truck, motor‑cycle, bicycle, tricycle and rickshaw ; 3*
(xxxix) “water‑works” includes all lakes, tanks, streams, cisterns, springs, pumps, wells,
reservoirs, aqueducts, water‑trucks, sluices, mains, pipes, culverts, hydrants, stand‑pipes
and conduits, and all machinery, lands, buildings, bridges and things, used for, or intended
for the purpose of, supplying water to a cantonment; 4*
5[(xxxixa) “work” shall have the same meaning as in the Industrial Relations Ordinance,
1969, (XXIII of 1969) and shall include a selfemployed craftsman like blacksmith,
carpenter, tailor and shoe maker; and].
(xl) “year” means the year commencing on the first day of 6[July].]
CHAPTER II
DEFINITION AND DELIMITATION OF CANTONMENTS
(2) The 11[Federal Government],12* * *, may, by a like notification, define the limits of any
cantonment for the aforesaid purposes.
1 Subs. by A.O., 1937., for “local official Gazette”.
2 Subs. by Act 24 of 1936, s. 2, for “passage or open space”.
3 The word “and” omitted, ibid.
4 The word “and” omitted by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 3.
5 New clause (xxxixa) ins. ibid.
6 Subs. by A.O., 1964, Art. 2 and Sch., for “April”.
7 Subs. by F.A.O., 1975, Art. 2 and Sch., for Central Government, which had been subs. by A.O. 1937, for “L.G.”.
8 Certain words omitted, by A.O., 1937.
9 Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty’s regular forces or regular air force” (with effect from the 23 rd March, 1956).
10 The words “with the like sanction” omitted by A.O., 1937.
11 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937 for “L.G.”.
12 The words “with the like sanction” omitted, ibid.
Page 16 of 129
1[(3) When any place is declared a cantonment for the first time, the 2[Federal Government] may,
until a Board is constituted in accordance with the provisions of this Act, by order make any
provision which appears necessary to 3[it] either for the adminis tration of the Cantonment or for the
constitution of the Board.]
4[(4) The 5[Federal Government] may, by notification in the official Gazette, direct that in any
place declared a cantonment under sub‑section (1) the provisions of any enactment relating to local
self‑government other than this Act shall have effect only to such extent or subject to such
modifications, or that any auth ority constituted under any such enactment shall exercise authority
only to such extent, as may be specified in the notification.]
4. Alteration of limit of cantonments.‑(1) The 1[Federal Government], 6* * * may, by
notification in the 7[official Gazette], declare its intention to include within a cantonment any local
area situated in the 8* vicinity thereof or to exclude from a cantonment any local area comprised
therein.
(2) Any inhabitant of a cantonment or local area in respect of which a notification has been
published under sub‑section (1) may, within six weeks from the date of the notification, submit in
writing to the 1[Federal Government] through the 9[Competent Authority] an objection to the
notification, and the 1[Federal Government] shall take such objection into consideration.
(3) On the expiry of six weeks from the date of the notifica tion, the 1[Federal Government] may,
8* * *, after considering the objections, if any, which have been submitted under sub section (2), by
notification in the 9[official Gazette], 10[include the local area in respect of which the notification
was published under sub‑section (1), or any part thereof, in the cantonment or, as the case may be,
exclude such area or any part thereof from the can tonment.
5. The effect of including area in cantonment. When, by a notification under section 4, any
local area is included in a cantonment, such area shall thereupon become subject to this Act and to all
other enactments for the time being in force throughout the cantonment and to all notifications, rules,
regulations, bye‑laws, orders and directions issued or made there under.
6. Disposal of cantonment fund when area ceases to be a cantonment._(1) When, by a
notification under section 3, any canton ment ceases to be a cantonment and the local area comprised
therein is immediately placed under the control of a local authority, the balance of the cantonment
fund and other property vesting in the 11[Board] shall vest in such local authority, and the liabilities of
the 11[Board] shall be transferred to such local authority.
1 Subsection (3) added by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 3.
2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C.”.
3 Subs. by A.O., 1937, for “him”.
4 Subsection (4) added by the Cantonments (Amdt.) Act, 1944 (8 of 1944), s. 2.
5 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
6 The words “with the previous sanction of the G.G. in C.”, omitted by A.O., 1937.
7 Subs. ibid., for “local official Gazette”.
8 The word “immediate” omitted by the Cantonments (Amdt.) Act, 1927 (26 of 1927), s. 2.
9 Subs. by the Cantonments (Amdt.) Ordinance, 1979, (44 of 1979), s. 2, for “Officer Commanding inChief, the Command”.
10 For such an instance, see Gaz. of P., 1953, Ext., pp. 795797.
11 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 17 of 129
(2) When, in like manner, any cantonment ceases to be a cantonment and the local area
comprised therein is not immediately placed under the control of a local authority, the balance of the
cantonment fund and other property vesting in the 1[Board] shall vest in 2[Government], and the
liabilities of the 1[Board] shall be transferred to the3[Federal Government.]
7. Disposal of cantonment fund when area ceases to be included in a cantonment._(1) When,
by a notification under section 4, any local area forming part of a cantonment ceases to be under the
control of a particular 1[Board] and is immediately placed under the control of some other local
authority, such portion of the canton ment fund and other property vesting in the 1[Board] and such
portion of the liabilities of the 1[Board], as the 4[Federal Govern ment] may, by general or special
order, direct, shall be transferred to that other local authority.
(2) When, in like manner, any local area forming part of a cantonment ceases to be under the
control of a particular 1[Board] and is not immediately placed under the control of some other local
authority, such portion of the cantonment fund and other property vesting in the 1[Board] shall vest in
2[Government], and such portion of the liabilities of the 1[Board] shall be transferred to the 3[Federal
Government], as the 4[Federal Government] may, by general or special order, direct.
8. Application of funds and property transferred under sections 6 and 7. Any cantonment
fund or portion of a cantonment fund or other property of a 1[Board] vesting in2[Government] under
the provisions of section 6 or section 7 shall be applied in the first place to satisfy any liabilities of the
1[Board] transferred under such provisions to the5[Federal Government], and in the second place for
the benefit of the inhabitants of the local area which has ceased to be a cantonment or, as the case
may be, part of a canton ment.
9. Limitation of operation of Act. The 6[Federal Government] may, 7* * *, by notifica tion in
the 8[official Gazette], exclude from the operation of any part of this Act the whole or any part of a
cantonment, or direct that any provision of this Act shall, in the case of any cantonment
9[10* * * * * * *
11* in which the Board is superseded under section 54,] apply with such modifications as may be
so specified.
_______
1 Subs. by the Cantonments (Admt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. by A.O., 1961, Art. 2, for “His Majesty” (with effect from the 23 rd March, 1956).
3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “Secretary of State in Council”.
4 Subs. ibid.., which was previously amended by A.O., 1937, for “G.G. in C.”.
5 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C”.
6 Subs. by A.O., 1937.
7 The words “with the previous sanction of the G.G. in C.” omitted, ibid.,
8 Subs. ibid., for “local official Gazette”.
9 Cls. (a) and (b) were subs. by Act 24 of 1936, s. 4, for the words “specified in the notification in which there is no Board”.
10 Cl. (a) omitted by A.O., 1949.
11 The brackets and letter “(b)” omitted ibid.,
Page 18 of 129
CHAPTER III
1[CANTONMENT BOARDS]
2[Boards]
3[10. Cantonment Board and Executive Officer. For every cantonment there shall be a Cantonment
Board and an Executive Officer.
11. Incorporation of Cantonment Board. Every Board shall, by the name of the place by reference to
which the cantonment is known, be a body corporate having perpetual succession and a common seal with
power to acquire and hold property both moveable and immoveable and to contract and shall, by the said name,
sue and be sued.
312.
Appointment of Executive Officer.‑(1) The Executive Officer of every cantonment shall be
appointed by the 4[Federal Government], or by such person as the 4[Federal Government] may authorise in
this behalf, 5[from Officers appointed 6* * *, to the Pakistan Military Lands and Cantonments Service]:
Provided that an Executive Officer appointed before the 7commencement of the Cantonments
(Amendment) Act, 8[1952] (XXII of 1952), shall, unless the 4[Federal Government] otherwise directs in any
case, be deemed to have been duly appointed in accordance with this sub‑section.
(2) Not less than half the cost of the salary of the Executive Officer 9[and a proportionate share of his
leave salary and pension contribution shall be paid to the 10[Federal Government]] from the cantonment fund:
Provided that the salary of an Executive Officer appointed before the 7commencement of the Cantonments
(Amendment) Act, 8[1952] (XXII of 1952), shall, until the 4[Federal Government] otherwise directs, continue
to be paid from the source from which it was being paid at the commencement of the said Act.
(3) The Executive Officer shall be 11[the Principal Executive Officer of the Cantonment Board and] the
Secretary of the Board and of every committee of the Board, but shall not be a member of the Board or of any
such committee. 12[He shall have the right to take part in the discussions but not to move any proposals at the
meetings of the Board and of the Committees.]
313. 13[Classification of Cantonments.‑14[(1) Cantonments shall be divided into three classes, namely
:__
1 The original heading “Cantonment Authorities and Cantonment Boards” successively amended by Act 24 of 1936 s. 69 and the Repealing and Amending Act 1939 (34 of 1939), s.
2 and 1 st Sch., to read as above.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
3 Ss. 10 to 14 were subs. by Act 24 of 1936, s. 5, for the original sections.
4 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C”.
5 Subs. by the Cantonments (Second Amdt.) Act, 1952 (25 of 1952), s. 2, for “from the service of Executive Officers constituted by rules made under section 280”.
6 The words, figures and commas “under section 240 of the Government of India Act, 1935,” have been omitted by A.O., 1961, Art. 2 and Sch. (with effect from the 23 rd March, 1956.)
7 The Cantonments (Amdt.) Act, 1936 (24 of 1936) came into force on the 31 st October, 1936.
8 Subs. by Act 25 of 1952, s. 2, for “1936”.
9 Subs. ibid., for “shall be paid [by the Central Government] and the balance”. The words in brackets had been subs. by A.O., 1937, for “by Government”.
10 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
11 Ins. by Act 25 of 1952, s. 2.
12 Added, ibid.
13 Subs. by the cantonments (Amdt.) Ordinance, 1960 (38 of 1960), s. 3, (with effect from the 16 th May, 1960).
14 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 4, for subsection (1).
Page 19 of 129
(i) Class I Cantonments, in which the civil population is one hundred thousand or more ;
(ii) Class II Cantonments, in which the civil population is fifty thousands or more but less
than one hundred thousand; and
(iii) Class III Cantonments, in which the civil population is less than fifty thousand.]
1* * * * * * *
(2) For the purposes of sub‑section (1), the civil population shall be calculated in accordance with
the latest official census, or, if the 2[Federal Government], by general or special order, so directs, in
accordance with a special census taken for the purpose.
3* * * * * * *
4[13A. Constitution of Cantonment Boards._(1) The Board for a Class I Cantonment shall
consist of the following members, namely:_
(a) the Officer Commanding the station or, if the Federal Government so directs in respect of
any cantonment, such other military officer as may be no minated by the Competent
Authority;
(b) twelve elected members ;
(c) the Health Officer;
(d) the Maintenance Engineer;
(e) a Magistrate of the first class nominated by the District Magistrate ; and
(f) nine civil or military officers nominated by the Officer Commanding the station by order in
writing.
(2) The Board for a Class II Cantonment shall consist of the following members, namely:_
(a) the Officer Commanding the station or, if the Federal Government so directs in respect of
any Cantonment such other military officer as may be nominated by the Competent
Authority;
(b) seven elected members;
(c) the Health Officer;
1 The existing proviso as amended by A.O., 1937, the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8, and the Central Laws (Statue Reform) Ordinance, 1960
(with effect from the 16 th May, 1960).
4 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 5, for section 13A.
Page 20 of 129
(d) the Maintenance Engineer;
(e) a Magistrate of the first class nominated by the Dist rict Magistrate ; and
(f) four military officers nominated by the Officer Commanding the station by order in
writing.
(3) The Board for a Class III Cantonment shall consist of the following members, namely:_
(a) the Officer Commanding the station or, if the Federal Government so directs in respect of
any canton ment, such other military officer as may be nominated by the Competent
Authority;
(b) two elected members:
Provided that the Federal Government may, by notification in the official Gazette,
increase the number of elected members to such extent not exceeding five as it deems fit;
(c) the Health Officer; and
(d) one military officer nominated by the Officer Commanding the station by order in writing:
Provided that, if the number of elected members is increased under clause (b), the number of
members so nominated shall be one less than the number of elected members so increased.
(4) The Federal Government may, by notification in the official Gazette, reserve a number of
seats for women, peasants, workers and minority communities in the Board of a particular
cantonment:
Provided that nothing contained in this Act or the rules made thereunder shall be construed as
making a woman, peasant or worker ineligible for election to a general seat in any Board.
(5) The name of every elected or nominated member of the Board shall forthwith be reported to
the Federal Government which shall notify in the official Gazette the name of the person so
nominated or elected.
(6) The Officer Commanding the station may, with the sanction of the Competent Authority,
nominate, in place of a military officer whom he is empowered to nominate under clause (f) of sub
section (1), clause (f) of subsection (2) or clause (d) of subsection (3), any person who is ordinarily
resident in the cantonment or in the vicinity therof.]
Page 21 of 129
114. Power to vary constitution of Boards in special circumstances.‑(1) Notwithstanding
anything contained in 2[section 13A], if the 3[Federal Government] is satisfied__
(a) that, by reason of military operations it is necessary or
(b) 4* * *, that, for the administration of the canton ment, it is desirable,
to vary the constitution of the Board in any cantonment under this section, the 3[Federal
Government] may, by notification in the 5[official Gazette], make a declaration to that
effect.
(2) Upon the making of a declaration under sub‑section (1), the Board in the cantonment shall
consist of the following members, namely:‑
(a) the Officer Commanding the station ;
(b) one military officer nominated by name by the Officer Commanding the station by order
in writing;
(c) one member, not being a person in the service of the Government, nominated by the
Officer Command ing the station.
6[Provided that in its application to the Wah Cantonment this sub‑section shall be read as if in
clause (a), at the end thereon, the words “or, if the 7[Federal Government] so directs, any civil or
military officer nominated by the 8[Competent Authority] were added, and in clause (b) for the words
“military officer” the words “civil or military officer” were subs tituted.]
(3) Every nomination of a member of a Board constituted under this section, and every vacancy
in the membership thereof, shall be notified by the 9[Federal Government] in the 10[official Gazette].
(4) The term of office of a Board constituted by a declara tion under sub‑section (1) shall not
ordinarily extend beyond one year:
Provided that the 3[Federal Government] may from time to time, by a like declaration, extend the
term of office of such a Board by any period not exceeding one year at a time:
Provided also that the 3[Federal Government] shall forth with direct that the term of office of such
a Board shall cease if, in the opinion of the 3[Federal Government], the reasons stated in the
declaration whereby such Board was constituted, or its term of office was extended, have ceased to
exist.
2 Subs. by the Cantonments (Amdt.) Ordinance, 1960 (38 of 1960), s. 5, for “section 13” (with effect from the 16 th May, 1960)."
3 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government” which was previously amended by A.O. 1937, for “G.G. in C.”.
4 The words “after consultation with the Local Government” omitted by A.O., 1937.
5 Subs. ibid., for “Gazette of India”.
6 The proviso added by the Cantonments (Amdt.) Act, 1956 (34 of 1956),s. 2.
7 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
8 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief of the Command”.
9 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G.”.
10 Subs. by A.O., 1937 for “local official Gazette”.
Page 22 of 129
(5) When the term of office of a Board constituted under this section has expired or ceased, the
Board shall be replaced by the former Board which, but for the declaration under sub‑section (1),
would have continued to hold office, or, if the term of office of such former Board has expired, by a
Board constituted under 1[section 13A].]
2[15. Division of cantonment into wards.‑(1) Every cantonment shall be divided into wards so
that the number of such wards is equal to the number of elected members of the Board provided for
that cantonment in section 13A, excluding the number of seats, if any, reserved for women , workers,
peasants and minority communities under subsection (4) of that section.
(2) The wards shall be delimited in such manner as may be prescribed by rules made under this
Act.
15A. Electoral rolls. In every ward, an electoral roll showing the names of Muslims, and in every
cantonment for which the number of seats for minority communities has been fixed under
sub‑section (4) of section 13A, an electoral roll showing the names of non Muslims, qualified to vote
at elections to the Board shall be pre pared on the basis of the electoral rolls pertaining to that canton
ment prepared under section 4 of the Electoral Rolls Act, 1974 (XII of 1974).
15B. Qualifications and disqualifications of members.‑(1) A person who is not less than
twenty‑one years of age on the first day of January preceding the election shall be qualified to be
elected as a member of a Board if his name appears for the time being on the electoral roll of the
ward from which he seeks election and he is not subject to any disqualification for being elected as,
and for being, a member of, a Board.
(2) A person shall be disqualified for being elected as, and for being a member of, a Board if he
(a) has ceased to be a citizen of Pakistan or has voluntarily acquired the citizenship of a
foreign state or has made a declaration of allegiance or adherence to a foreign state ;
(b) is an undischarged insolvent ;
(c) has been ordered to execute a bond under section 110 of the Code of Criminal Procedure,
1898, (Act V of 1898) or as, on con viction for an offence involving moral turpitude, been
sentenced to imprisonment for a term of not less than six months, unless five years or
such less period as the Federal Government may, by notificat ion in the official Gazette,
specify in this behalf, have elapsed from the date of the expiration of the period of the
bond or sentence, as the case may be ;
1 Subs. by the Cantonments (Amdt.) Ordinance, 1960 (38 of 1960), s. 5, for “section 13” (with effect from the 16 th May, 1960).
2 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 6, for section 15.
Page 23 of 129
(d) is a whole‑time salaried official in the service of Govern ment or of a public statutory
corporation, a corpora tion under the control of Government, a Board or a local body or
other local authority ;
(e) is under contract for work to be done or goods to be supplied to the Board to which he
seeks election or has otherwise any pecuniary interest in its affairs ;
(f) fails to take oath of membership of the Board or to declare his properties as required under
this Act ; or
(g) is for the time being disqualified for the membership of an elective body under any law for
the time being in force.
1[15BB. Candidates not to contest election on political party basis.(1) No person contesting
election to a Board shall, directly or indirectly,‑
(a) give himself out as a candidate or nominee or a political party ;
(b) claim, draw or receive any financial of other assistance from any political party for the
purposes of the election;
(c) bear, display or carry any document, sign, insignia, flag or any other thing indicating
his association with, or affiliation to, a political party ;
(d) seek the votes or sympathies of the people on party basis or on the basis of the manifesto
of any political party ; or
(e) seek the votes or support of the people by attributing direct or indirect party affiliations to
any of his opponents.
(2) Whoever‑
(a) is found by the President of the Board to have contra vened the provisions of sub‑section
(1) shall stand disqualified for being a candidate for election to a Board for a period of
four years ; or
(b) having been elected as a member of a Board is found by the President of the Board to
have contravened the provisions of sub‑section (1) shall cease forthwith to hold the office
of such member and stand disqualified from being a candidate for election to a Board for
a period of four years.]
15C. Electoin of members.(1) Elected members, except those representing women, workers and
peasants, shall be elected by direct election on the basis of adult franchise in the manner prescribed
by rules made under this Act.
(2) Elected members representing women, workers and peasants shall be elected by members
elected under sub‑section (1) in the manner prescribed by rules made under this Act.
1 Ins. by the Cantonments (Second Amdt.) Ordinance, 1979 (46 of 1979), s. 2.
Page 24 of 129
(3) The Muslims enrolled on the electoral rolls for a ward showing the names of Muslims shall, in
accordance with the rules made under this Act, from time to time elect from amongst them selves a
person to be a member of the Board.
(4) In a cantonment in the Board of which a seat is reserved for the minority communities, the
persons belonging to the minority communities enrolled on the electoral roll for the can tonment
showing the names of non‑Muslims shall, in accordance with the rules made under this Act, from time
to time elect from amongst themselves a person to be a mamber of the Board.
15D. Conduct of elections. All elections to a Board shall be organised and con ducted in
accordance with the rules made under this Act and such rules may provide for all matters connected
therewith or incidental thereto, including the time of holding the elections, by‑elections, corrupt or
illegal practices and other election offences and penalties therefor and the submission, trial and
disposal of election petitions.
15E.Term of office of members.(1) Subject to the provisions of this Act, a member of a Board
shall hold office for a period of four years from the date of the notification of his election or
nomination or from the date on which the vacancy has occurred in which he is elected or nominated,
whichever be later :
Provided that, notwithstanding the expiry of his term, such member shall continue to function as a
member until the election or, as the case may be, nomination of his successor is notified under
sub‑section (5) of section 13A.[:]1
1[Provided further that where at the expiry of the term of the members, the revised electoral rolls
have not been finalised under the Electoral Rolls Act, 1974 (XXI of 1974), or elections connot be
held for any reason within the period specified in the rules made under section 15D, the Federal
Government may, notwithstanding anything contained in this section or in sections 13A and 20 or the
rules made under this Act, by an order in writing, direct that on completion of the term of members
specified in this section, the Board shall stand dissolved from the date specified in the order and the
members shall cease to hold office from that date.]
1 Subs., Added and Ins. by ord. LXXXVI of 1996. S. 2 (Valid upto 141296).
Page 25 of 129
1[(1A) Where the Board is dissolved under the second proviso to subsection (1), the Federal Government
shall reconstitute the Board for Class I, Class II and Class III Cantonments, till the holding of election,
consisting of the following members, namely:__
(a) Class I Cantonment
(i) the Officer Commanding the Station who shall be the President;
(ii) VicePresident who is a resident of that Cantonment, to be nominated by the Federal
Government;
(iii) one member from each Ward to be nominated by the Federal Government;
(iv) the Health Officer ;
(v) the Maintenanane Engineer ;
(vi) a Magistrate of the first class nominated by the District Magistrate ; and
(vii) nine civil or military officers nominated by the Officer Commanding the station by order in
writing.
(b) Class II Cantonment
(i) the Officer Commanding the Station who shall be the President ;
(ii) VicePresident who is resident of the Cantonment, to be nominated by the Federal Government
;
(iii) one member from each Ward to be nominated by the Federal Government ;
(iv) the Health Officer ;
(v) The Maintenance Engineer ;
(vi) a Magistrate of the first class nominated by the District Magistrate ; and
(vii) four military officers nominated by the Officer Commanding the station by order in writing.
(c) Class III Cantonment
(i) the officer Commanding the Station who shall be the President ;
(ii) VicePresident who is a resident of the Contonment, to be nominated by the Federal
Government ;
(iii) one member from each Ward to be nominated by the Federal Government ;
(iv) the Health Officer ; and
(v) one military officer nominated by the Officer Commanding the Station by order in writing.
1 Subs., Added and Ins. by ord. LXXXVI of 1996. S. 2 (Valid upto 141296).
Page 26 of 129
(IB). No act or proceedings of a Board reconstituted under subsection (1A) shall be invalid by
reason only of the existence of a vacancy in the Board and no disqualification or defect in the
nomination or appointment of a person acting as the President, VicePresident or a me4mber of te
Board shall vitiate any act or proceedings of the Board.]
(2) The term of office of an ex‑officio member of a Board shall continue so long as he holds the
office by virtue of which he is such member.
(3) The term of office of an elected member who fills a casual vacancy shall commence from the
date of his election and shall continue so long only as the member in whose place he is elected
whould have been entitled to hold office if the vacancy had not occurred.
15F. Resignation of member.(1) A nominated or elected member who wishes to resign his office
may submit his resignation in writing to the President of the Board who shall forward it for orders, in
the case of a nominated member, to the authority nominating such member and, in the case of an
elected member, to the Federal Government.
(2) No resignation of a nominated or elected member shall take effect unless it is accepted by the
authority nominating him or the Federal Government, as the case may be, and every such acceptance
shall be communicated to such member.
15G. Removal of nominated member. Where the Officer Commanding the station makes a
report to the effect that any nominated member, being a civil or military officer, is unable to discharge
his duties for any reason, the Federal Government may, by order in writing, relieve such member of
his office.
15H.Casual vacancy in the office of nominated member.(1) Every casual vacancy occurring in
the office of a nominated member shall forthwith be reported to the Federal
Page 27 of 129
Government which shall, by notification in the official Gazette, declare the occurrence of such
vacancy.
(2) A casual vacancy in the office of a nominated member shall be filled for the remainder of the
term of such member by nominating another person in his place in the same manner in which such
member was nominated.
15I. Declaration of property. Every elected member shall, before entering upon office submit to
an officer authorised by the Federal Government in this behalf, and in such manner as the Federal
Government may direct, a declaration in writing of properties, both movable and immovable, whether
within or outside Pakistan, which he or any member of his family owns, or has in his possession or
under his control, or in which he or any member of his family has any beneficial interest.
Explanation.‑For the purposes of this section, the expres sion “member of his family” in relation
to a person, includes‑
(a) the spouse of such person, and
(b) such of the children, parents, brothers and sisters as reside with and are wholly dependent
upon such person.]
Page 28 of 129
116 and 217. [Filling of Vacancies in special cases.] Omitted by the Cantonments (Amdt.)
Ordinance, 1960 (XXXVIII of 1960), s. 7 (with effect from the 16th May, 1960).
18. Oath or affirmation. 3[(1) 4[Every elected member, and every person who is by virtue of his
office, or who is nominated] to be, a member of a Board shall, before taking his seat, make at a
meeting of the Board an oath or affirmation of his allegiance in the following form, namely :
I, . . . . . . having become/been nominated/ 5* a member of this Board, do solemnly swear (or
affirm) that I will bear true faith and allegiance to Pakistan and that I will faith fully discharge the duty
upon which I am about to enter.]
(2) If any such person fails to make the oath or affirmation within such time as the 6[Federal
Government] considers reason able, the 6[Federal Government] shall, by notification in the 7[official
Gazette], declare his seat to be vacant.
19. Resignation.‑(1) Any nominated or elected member of a Board who wishes to resign his
office may forward his resignation in writing through the President of the Board to the 8[Competent
Authority] who shall forward it for orders to the 6[Federal Government].
(2) If the 6[Federal Government] accepts the resignation, such acceptance shall be communicated
to the Board, and there upon the seat of the member resigning shall become vacant.
9[20. President and VicePresident.‑(1) The Officer Commanding the station, or the civil or
military officer nominated in his place under section 13A, shall be the President of the Board.
(2) In every Board in which there is more than one elected member, there shall be a
Vice‑President elected by the elected members only from amongst their number in accordance with
such procedure as the 10[Federal Government] may by rule prescribe.]
21. Term of office of Vice President.‑11[(1) 12[Unless he resigns his office under sub‑section (2)
or is removed under sub‑section (3), the term of office of a Vice‑President shall be 13[five years] or
the residue of his term of office as a member, whichever is less.]]
1 This section had been amended by A.O., 1937.
2 This section had been amended by the Cantonments (Amdt.) Act, 1942 (15 of 1942), s. 2.
3 The existing subsection (1) as amended by the Cantonments (Amdt.) Act, 1950 (46 of 1950), s. 2, has been subs. by the Cantonments (Amdt.) Ordinance, 1959 (62 of 1959), s. 2
(with effect from the 22 nd December, 1959).
4 Subs. by the Cantonments (Amdt.) Ordinance, 1960 (38 of 1960), s. 8 for “Every person who is by virtue of his office, or who is nominated or elected” (with effect from the 16 th May,
1960).
5 The word “elected” omitted ibid., (with effect from the 16 th May, 1960).
6 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G.”.
7 Subs. ibid., for “local official Gazette”.
8 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”.
9 The existing section 20 as amended by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 14, the Cantonments (Amdt.) Act, 1927 (26 of 1927), s. 3, the Cantonments (Amdt.) Act,
1936 (24 of 1936), s. 7, the Cantonments (Amdt.) Act, 1942 (15 of 1942), s. 3, the Cantonments (Wan Amdt.) Act, 1950 (51 of 1950), s. 3 and the Cantonments (Amdt.) Act, 1956 (34
of 1956), s. 3, has been subs. by Ordinance 38 of 1960, s. 9 (with effect from the 16 th May, 1960).
10 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
11 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 8, for the original subsection.
12 Subs. by the Cantonments (Amdt.) Act, 1956 (34 of 1956), s. 4, for the existing subsection.
13 Subs. by the Cantonments (Amdt.) Ordinance, 1960 (38 of 1960), s. 9,for “three years” (with effect from the 16 th May, 1960).
Page 29 of 129
(2) A Vice‑President may resign his office by notice in writing to the President and, on the
resignation being accepted by the Board, the office shall become vacant.
1[(3) A Vice‑President may be removed from his office by the 1[Federal Government] at any time
during the term of his office if a no‑confidence motion is passed against him by a two‑third majority
of the elected members of the Board at a meeting specially convened for this purpose, and on such
removal the office shall become vacant.]
22. Duties of President.‑(1) It shall be the duty of the President of every Board
(a) unless prevented by reasonable cause, to convene and preside at all meetings of the Board
and to regulate the conduct of business thereat ;
(b) to exercise supervision and control over the financial and executive administration of the
Board ;
(c) to perform all the duties and exercise all the powers specifically imposed or conferred on
the President by or under this Act ; and
(d) subject to any restrictions, limitations and conditions imposed by this Act, to exercise
executive power for the purpose of carrying out the provisions of this Act and to be
directly responsible for the fulfilment of the purposes of this Act.
(2) The President may, by order in writing, empower the Vice‑President to exercise all or any of
the powers and duties referred to in clause (c) of sub‑section (1) other than any power, duty or
function which he is by resolution of the Board expressly forbidden to delegate.
(3) The exercise or discharge of any powers, duties or func tions delegated by the President under
this section shall be subject to such restrictions, limitations and conditions, if any, as may be laid
down by the President and to the control of, and to revision by, the President.
(4) Every order made under sub‑section (2) shall forthwith be communicated to the Board and to
the 2[Competent Authority].
23. Duties of VicePresident. It shall be the duty of the Vice‑President of every Board‑
(a) in the absence of the President and unless prevented by reasonable cause, to preside at
meetings of the Board and when so presiding to exercise the authority of the President
under sub‑section (1) of section 22 ;
(b) during the incapacity or temporary absence of the President or pending his appointment or
succession, to perform any other duty and exercise any other power of the President ; and
(c) to exercise any power and perform any duty of the President which may be delegated to
him under sub section (2) of section 22.
1 Subsection (3) added by Act 34 of 1956, s. 4.
2 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Office CommandinginChief, the Command”, which was previously amended by Act 35 of 1926, s. 2, for
“Officer Commanding the District”.
Page 30 of 129
24. Duties of the Executive Officer. The Executive Officer shall perform all the duties imposed
upon him by or under this Act, and shall be responsible for the custody of all the records of the
1[Board], and shall arrange for the performance of such duties relative to the proceedings of the
Board or of any Committee of the Board or of any Committee of Arbitration constituted under this
Act, as those bodies may respectively impose on him, and shall comply with every requisi tion of the
2[Board], on any matter pertaining to the administra tion of the cantonment.
25. Special power of the Executive Officer. The Executive Officer may, in cases of emergency,
direct the execution of any work or the doing of any act which would ordinarily require the sanction
of the 2[Board] and the immediate execution or doing of which is, in his opinion, necessary for the
service or safety of the public, and may direct that the expense of executing such work or doing such
act shall be paid from the cantonment fund :
Provided that‑
(a) 2* * *, he shall not act under this section without the previous sanction of the President or,
in his absence, of the Vice‑President;
(b) he shall not act under this section in contravention of any order of the 3[Board]
prohibiting the execution of any particular work or the doing of any particular act ; and
(c) he shall report forthwith the action taken under this section and the reasons therefor to the
1[Board].
Elections
42631. [Electoral rolls. Qualification of electors. Quali f ication for being a member of the
Board. Interpretation. Joint families, etc., Power to make rules regulating elections. Omitted by the
Cantonments (Amdt.) Ordinance, 1960 (XXXVIII of 1960), s. 11.
Members
32. Member not to vote on matter in which he is interested. No member of a Board shall vote
at a meeting of the Board 5[or of any committee of the Board] on any question relat ing to his own
conduct or on any matter, other than a matter affecting generally the inhabitants of the cantonment,
which affects his own pecuniary interest or the valuation of any property in respect of which he is
directly or indirectly interested, or of any property of or for which he is a manager or agent.
33. Liability of members. Every member of a Board shall be liable for the loss, waste or
misapplication of any money or other property belonging to the Board if such loss, waste or
misapplication is a direct conse quence of his neglect or misconduct while such member;
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936),s. 69, for “Cantonment Authority”.
2 The words “where there is a Board” omitted ibid., s. 9.
3 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s . 69, for “Cantonment Authority”.
4 These sections have previously been amended from time to time.
5 Ins. by the Cantonments (Amdt.) Act, 1940, (31 of 1940) s. 3.
Page 31 of 129
and a suit for compensation for the same may be instituted against him either by the Board or by the
1[Federal Government].
2[34. Removal of members.‑(1) The Federal Government may remove from a Board any
member thereof who:
(a) becomes, or is found to have been at the time of his election or nomination, subject to any
of the disqualifications provided in subsection (2) of section 15B ; or
(b) has absented himself for more than three consecutive months from the meetings of the
Board and is unable to explain such absence to the satisfaction of the Board ; or
(c) has knowingly contravened the provisions of section 32 ; or
(d) being a legal practitioner, acts or appears on behalf of any other person against the Board
in any legal proceedings, or against the Government in any such proceeding relating to
any matter in which the Board is or has been concerned, or acts or appears on behalf of
any person in any criminal proceeding instituted by or on behalf of the Board against such
person ; or
(e) is a defaulter in regard to the payment of taxes or other dues payable to the Board.
(2) The Federal Government may remove from a Board any member who, in the opinion of the
Federal Government, has so flagrantly abused in any manner his position as a member of the Board as
to render his continuance as a member of the Board detrimental to the public interest.
(3) The Federal Government may, on receipt of a report from the Officer Commanding the
station, through the Competent Authority, remove from a Board any civil or military officer
nominated a member of the Board who is, in the opinion of the Officer Commanding the station,
unable to discharge his duties as member of the Board and has failed to resign his office.
(4) No member shall be removed from a Board under subsection (1) or subsection (2) unless he
has been given a reasonable opportunity of showing cause against his removal].
3[35. Consequences of removal.‑(1) A member removed under clause (b) of sub section (1) 4* *
* of section 34 shall, if otherwise qualified, be eligible for re‑election or re‑nomination.
(2) A member removed under clause (c) 5[of sub‑section (1) or under subsection (2)] of section
34 shall not be eligible for re‑election or nomination for the period during which, but for such
removal, he would have continued in office.
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “Secretary of State for India in Council”.
2 Subs. by the Cantonments (Amdt.) Ordinance, 1979, (44 of 1979),s . 7, for section 34.
3 Subs. by the Cantonments (Amdt.) Act, 1927 (26 of 1927), s. 5, for the original section 35.
4 The words “of under subsection (2A)” omitted by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 8.
5 Subs. ibid., for “or clause (d) of subsection (1)”.
Page 32 of 129
(3) A member removed under sub‑section (2) of section 34 shall not be eligible for re‑election or
nomination until the expiry of three years from the date of his removal.]
Servants
36. Disqualification of person as servant of Board.‑(1) No person who has directly or indirectly
by him self or his partner any share or interest in a contract with, by or on behalf of a 1[Board] or in
any employment under, by or on behalf of a 1[Board], otherwise than as a servant of the 1[Board],
shall become or remain a servant of such 1[Board].
(2) A servant of a 1[Board] who knowingly acquires or con tinues to have directly or indirectly by
himself or his partner any share or interest in a contract with, by or on behalf of the 1[Board] or, in
any employment under, by or on behalf of, the 1[Board], otherwise than as a servant of the 1[Board],
shall be deemed to have committed an offence under section 168 of the Pakistan Penal Code (XLV of
1860).
(3) Nothing in this section shall apply to any share or interest in any contract with, by or on behalf
of, or employment under, by or on behalf of a 1[Board] if the same is a share in a company
contracting with, or employed by, or on behalf of, the 1[Board] or is a share or interest acquired or
retained with the permission of the 2[Competent Authority] in any lease or sale to, or purchase by, the
1[Board]of land or buildings or in any agreement for the same.
3[(4) Every person applying for employment as a servant of a Board shall, if he is related by
blood or marriage to any member of the Board or to any person, not being a menial servant, in receipt
of remuneration from the Board, notify the fact and the nature of such relationship to the appointing
authority before the appointment is made, and if he has failed to do so, his appointment shall be
invalid but without prejudice to the validity of anything previously done by him.]
[36A. Cantonment servant to be deemed a public servant. Every officer or servant, permanent
4
or temporary, of a 1[Board] shall be deemed to be a public servant within the meaning of the Pakistan
Penal Code, (XLV of 1860) and in the definition of “Legal remuneration” in section 161 of that Code
the word “Government” shall, for the purpose of this section, be deemed to include a 1[Board].]
Procedure
37. Meetings.‑(1) Every Board shall ordinarily hold at least one meeting in every month on such
day as may be fixed, and of which notice shall be given in such manner as may be provided, by
regula tions made by the Board under this Chapter.
(2) The President may, whenever he thinks fit, and shall, upon a requisition in writing by not less
than one‑fourth of the members of the Board, convence a special meeting.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. by Ord. 44 of 1979, s. 2 for “Officer Commandingin –Chief, the Command”, which was previously amended by Act 35 of 1926, s. 2, for “Office Commanding the District”.
3 Subsection (4) ins. by Act 24 of 1936, s. 13.
4 S. 36A ins. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s.5.
Page 33 of 129
(3) Any meeting may be adjourned until the next or any subsequent day, and an adjourned
meeting may be further ad journed in like manner.
38. Business to be transacted. Subject to any regulation made by the Board under this Chapter,
any business may be transacted at any meeting :
Provided that no business relating to the imposition, aboli tion or modification of any tax shall be
transacted at a meeting unless notice of the same and of the date fixed therefor has been sent to each
member not less than seven days before that date.
39. Quorum.‑(1) The quorum necessary for the transaction of business at a meeting of a Board
1[in which there is more than one elected member] shall be five or one‑half of the number of
members of the Board actually holding office at the time, whichever is the greater number :
2* * * * * * *
3[(lA) The quorum necessary for the transaction of business at a meeting of a Board constituted
under 3[sub‑section (3) of section 13A] or under sub‑section (1) of section 14, shall be two.]
(2) If a quorum is not present, the President shall adjourn the meeting and the business which
would have been brought before the original meeting if there had been a quorum present thereat shall
be brought before, and may be transacted at, an adjourned meeting, whether there is a quorum
present or not.
4[40. Presiding officer. In the absence of‑
(a) both the President and the Vice‑President from any meeting of a Board in which there is
more than one elected member,
(b) the President from a meeting of a Board constituted under 5[sub‑section (3) of section
13A] or sub‑section (1) of section 14,
the members present shall elect one from among their own number to preside.]
41. Minutes.‑(1) Minutes of the proceedings of each meeting shall be recorded in a book and
shall be signed by the President before the close of the meeting, and shall, at such times and in such
place as may be fixed by the Board, be open to inspection free of charge by any inhabitant of the
cantonment.
(2) Copies of the minutes shall, as soon as possible after each meeting, be forwarded for
information to 6[the 7[Competent Authority]], the Officer Commanding the District, the
1 Ins. ibid., s. 14.
2 The proviso which was ins. by the Cantonments (Amdt.) Act, 1931 (7 of 1931), s. 2, omitted by Act 24 of 1936, s. 14.
3 Subs. by the Cantonments (Amdt.) Ordinance, 1960 (38 of 1960), s. 13, for “subsection (5) of section 13” (with effect from the 16 th May, 1960).
4 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 15, for the original section 40.
5 Subs. by the Cantonments (Amdt.) Ordinance, 1960 (38 of 1960), s. 13, for “subsection (5) of section 13” (with effect from the 16 th May, 1960).
6 Ins. by the Cantonments (Amdt.) Act, 1926 (35 of 1926), s. 3.
7 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”.
Page 34 of 129
Officer Commanding the brigade area, 1[the District Magistrate and the Military Estates Officer].
42. Meetings to be Public. Every meeting of a Board shall be open to the public unless in any
case the President, for reasons to be recorded in the minutes, otherwise directs.
43. Method of deciding questions.‑(1) All questions coming before a meeting shall be decided
by the majority of the votes of the members present and voting.
(2) In the case of an equality of votes, the President shall have a second or casting vote.
(3) The dissent of any member from any decision of the Board shall, if the member so requests,
be entered in the minutes, together with a short statement of the grounds for such dissent.
2[43A. Committees or Bazars.‑(1) Every Board constituted under 3[section 13A] in a Class I
Cantonment or 4[Class II Cantonment or Class III Cantonment] shall appoint a committee consisting
of the elected members of the Board, the Health Officer and 5[in the case of a Class I Cantonment or
Class II Cantonment, the Maintenance Engineer] for the administration of such areas in the
cantonment as the 6[Federal Government] may by notification in the 7[official Gazette], declare to be
bazar areas, and may delegate its powers and duties to such committee in the manner provided in
clause (e) of sub‑section (1) of section 44.
(2) The Vice‑President of the Board shall be the Chairman of the committee appointed under
sub‑section (1).]
8[43B. Mohallah Punchayats. The Federal Government may constitute Mohallah Punchayats in
the Cantonment areas on the basis of consensus for performing such socioeconomic functions as
may be prescribed by rules made under this Act.]
44. Power to make regulations.‑(1) A Board may make regulations consistent with this Act and
with the rules made thereunder to provide for all or any of the following matters, namely :‑
(a) the time and place of its meetings ;
(b) the manner in which notice of the meeting shall be given ;
(c) the conduct of proceedings at meetings and the adjournment of meetings;
(d) the custody of the common seal of the Board and the purposes for which it shall be used ;
and
1 Subs. by Act 24 of 1936, s. 16, for “and the District Magistrate”.
2 S. 43A ins. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 17.
3 Subs. by the Cantonments (Amdt.) Ordinance, 1960 (38 of 1960), s. 14 for “section 13” (with effect from the 16 th May, 1960).
4 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 9, for “or classII Cantonment”.
5 Subs. ibid., for “the Executive Engineer”.
6 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937 for “G.G. in C.”.
7 Subs. by A.O., 1937, for “Gazette of India”.
8 New Section 43B ins. by Ord. 44 of 1979, s. 10.
Page 35 of 129
(e) the appointment of committees for any purpose and the determination of all matters relating to
the con stitution and procedure of such committees, and the delegation to such committees, subject to
any con ditions which the Board thinks fit to impose, of any of the powers or duties of the Board
under this Act other than a power to make regulations or bye‑laws.
(2) No regulation made under clause (e) of sub‑section (1) shall take effect until it has been
approved by the 1[Federal Government].
(3) No regulation made under this section shall take effect until it has been published in such
manner as the 1[Federal Govern ment] may direct.
45. Joint action with other local authority.‑(1) A 2[Board] may‑
(a) join with any other local authority‑
(i) in appointing a joint committee for any purpose to which they are jointly interested
and in appointing a chairman of such committee,
(ii) in delegating to such committee power to frame terms binding on the 2[Board] and
such other local authority as to the construction and future maintenance of any joint
work or to exercise any power which might be exercised by 3[the Board or by such
other local authority] ; and
(iii) in making rules for regulating the proceedings of any such committee relating to the
purposes for which it has been appointed ; or
(b) with the previous sanction of 4[the 5[Competent Authority] and] the 6[Provincial
Government] concerned, enter into an agreement with any other local authority
regarding the levy of any tax or toll whereby the said tax or toll respectively leviable by
the 7[Board and by such other local authority] may be levied together instead of
separately within the limits of the aggregate area comprising the areas subject to the
control of the 8[Board such other local authority].
(2) If any difference of opinion arises between any 9[Board and other local authority] acting
together under this section, the decision thereon of the 1[Federal Government] or of an officer
appointed by the 1[Federal Government] behalf shall be final.
(3) When any agreement such as is referred to in clause (b) of sub‑section (1) has been entered
into, then
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937 for “L.G.”.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
3 Subs. ibid., s. 18, for “either of the said authorities”.
4 Ins., ibid.
5 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”.
6 Subs. by A.O., 1937, for “L.G.”.
7 Subs. ibid., for “authorities so contracting”.
8 Subs. ibid. for “said authorities”.
9 Subs. ibid., for “authorities”.
Page 36 of 129
(a) where the agreement relates to an octroi or terminal tax or toll, the other local authority with which
the 2[Board] has made such agreement shall have the same powers to establish octroi limits and
octroi stations and places for the collection of the terminal tax and terminal toll within the
cantonment, as it has within the area ordinarily subject to its control;
(b) such other local authority shall have the same Power of collecting such tax or toll in the
cantonment, and the provisions of any enactment in force relating to the levy of such tax or toll by
such other local auth ority shall apply in the same manner, as if the cantonment were comprised
within the area ordinarily subject to its control ; and
(c) the total of the collection of such tax and toll made in the cantonment and in the area ordinarily
subject to the control of such other local authority and the costs thereby incurred shall be divided
between the canton ment fund and the fund subject to the control of such other local authority, in
such proportion as may have been determined by the agreement.
1[45A. Report on administration. Every board shall, as soon as may be after the close of the year and not
later than the date fixed in this behalf by the 2[Federal Government], submit to the 2[Federal Government]
through the 3[Competent Authority], a report on the administration of the cantonment during the preced ing
financial year, in such form and containing such details as the 2[Federal Government] may direct. The
comments, if any, of the 3[Competent Authority], on such report shall be communicated by him to the Board
which shall be allowed a reasonable time to furnish a reply thereto, and the comments together with the reply, if
any, shall be forwarded to the 2[Federal Government] along with the report.
Control
46. Power of 4[Federal Government] to require production of documents. The 2[Federal
Government] 5* * * may at any time require a 6[Board] __
(a) to produce any record, correspondence, plan or other document in its possession or under its
control;
(b) to furnish any return, plan, estimate, statement, account or statistics relating to its proceedings,
duties or works;
(c) to furnish or obtain and furnish any report.
47. Inspection. The 7[ 2[Federal Government] or the 3[Competent Authority] may depute any person in the
service of the 8[State] to inspect or examine any department of the office of, or any service or work undertaken
by, or thing belonging
1 S. 45A ins by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 19.
2 Subs. by F.A.O, 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C”.
3 Subs. by the Cantonment (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”.
4 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
5 The words “or the L.G.” omitted, ibid.
6 Subs. by Act 24 of 1936, s. 69, for “Cantonment Authority”.
7 Subs. by the Cantonments (Amdt.) Act, 1926 (35 of 1926), for “Officer Commanding the District”.
8 Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23 rd March, 1956), for “Crown” which had been subs. by A.O. 1937, for “Govt.”.
Page 37 of 129
to, a 1[Board], and to report thereon, and the 1[Board] and its officers and servants shall be bound to
afford the person so deputed access at all reasonable times to the premises and property of the
1[Board] and to all records, accounts and other documents the inspection of which he may consider
necessary to enable him to discharge his duties.
48. Power to call for documents. 2[The 3[Competent Authority] may, by order in writing,‑
(a) call for any book or document in the possession or under the control of the 1[Board] ;
(b) require the 1[Board] to furnish such statements, accounts, reports and copies of
documents relating to its proceedings, duties, or works as he thinks fit.
49. Power to require execution of work, etc. If, on receipt of any information or report obtained
4[under section 46 or section 47] or section 48, the 5[6[Federal Government] or the 3[Competent
Authority]] is of opinion
(a) that any duty imposed on a 1[Board] by or under this Act has not been performed or has
been performed in an imperfect, inefficient or unsuitable manner, or
(b) that adequate financial provision has not been made for the performance of any such duty,
7[it or] he may, 8* * * direct the 1[Board], within such period as 7[it or] he thinks fit, to make
arrangements to 7[its or] his satisfac tion for the proper performance of the duty, or, as the case may
be, to make financial provision to 7[its or] his satisfaction for the performance of the duty :
Provided that, unless in the opinion of the 5[6[Federal Government] or the 9[Competent
Authority] as the case may be], the immediate execution of such order is necessary, 10[it or] he shall,
before making any direction under this section, give the 11[Board] an opportunity of showing cause
why such direction should not be made.
50. Power to provide for enforcement of direction under section 49. If, within the period fixed
by a direction made under section 49, any action the taking of which has been directed under that
section has not been duly taken, the 12[ 13[Federal Government] or the
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 The original words “The Officer Commanding the District” have successively been amended by the Cantonments (Amdt.) Act, 1926 (35 of 1926), s. 4, and Act 24 of 1936, s. 20, to
read as above.
3 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”.
4 Subs. by Act 24 of 1936, s. 21, for “under section 47”.
5 Subs. by Act 35 of 1926, for “Officer Commanding the District”.
6 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C”.
7 Ins. ibid.
8 The words “after consultation with the L.G.” omitted, by A.O., 1937. The words “after consultation with” had been previously subs., for the words “with the concurrence of the
Office CommandinginChief, the Command” by Act 35 of 1926, s. 5.
9 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”.
10 Ins. by A.O., 1937.
11 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
12 Subs. by the Cantonments (Amdt.) Act, 1926 (35 of 1926), s. 6, for “Officer Commanding the District”.
13 Subs. by F.A.O., 1975 Art. 2 and Table, for “Central Government”, which was previously amended by A.O., 1937, for “G.G. in C.”.
Page 38 of 129
1[Competent Authority], as the case may be,] may make arrangements for the taking of such action,
and may direct that all expenses connected therewith shall be defrayed out of the cantonment fund.
51. Power to override decision of Board.(1) If the President dissents from any decision of the
Board, which he considers prejudicial to the health, welfare or discipline of the troops in the
cantonment, he may, for reasons to be recorded in the minutes, by order in writing, direct the suspen
sion of action thereon for any period not exceeding one month and, if he does, so, shall forthwith
refer the matter to the 1[Competent Authority] 2[the reference being made, save in cases where the
Officer Commanding the District is himself the 1[Competent Authority] for the purposes of this Act,]
through the Officer Commanding the District, who may make such recommendations thereon as he
thinks fit.
(2) If the District Magistrate considers any decision of a 3[Board] to be prejudicial to the public
health, safety or conve nience, he may, after giving notice in writing of his intention to the 3[Board],
refer the matter to the 4[Federal Government]; and, pending the disposal of the reference to the
4[Federal Government], no action shall be taken on the decision.
(3) If any Magistrate who is a member of a Board, being present at a meeting, dissents from any
decision which he considers prejudicial to the public health, safety or convenience, he may, for
reasons to be recorded in the minutes and after giving notice in writing of his intention to the
President, report the matter to the District Magistrate; and the President shall, on receipt of such
notice, direct the suspension of action on the decision for a period sufficient to allow of a
communication being made to the District Magistrate and of his taking proceedings as provided by
sub‑section (2).
52. Power of Competent Authority on reference under section 51 or otherwise.‑(1) The
1[Competent Authority], may at any time 5* * *
(a) direct that any matter or any specific proposal other than one which has been referred to
the 4[Federal Government] under sub‑section (2) of section 51 be considered or
re‑considered by the 3[Board] ; or
(b) direct the suspension, for such period as may be stated in the order, of action on any
decision of a 3[Board], other than a decision which has been referred to him under
sub‑section (1) of section 51, and thereafter cancel the suspension or 6[after giving the
3[Board] a reasonable opportunity of showing cause why such direction should not be
made,] direct that the decision shall not be carried into effect or that it shall be carried
into effect with such modifications as he may specify.
(2) When any decision of a Board has been referred to him under sub‑section (1) of section 51,
the 1[Competent Authority] may, by order in writing,
1 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for Öfficer CommandinginChief, the Command ".
2 Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s. 2 and Sch.I.
3 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
4 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G.”.
5 Certain words were omitted by the Cantonments (Amdt.) Act, 1931 (7 of 1931), s. 3.
6 Ins. ibid., s. 22.
Page 39 of 129
(a) cancel the order given by the President directing the suspension of action ; or
(b) extend the duration of the order for such period as he thinks fit; or
1[(c) after giving the Board a reasonable opportunity of showing cause why such direction
should not be made, direct that the decision shall not be carried into effect or that it shall
be carried into effect by the Board with such modifications as he may specify.]
53. Powers of Federal Government on a reference made under section 51. When any decision
of a 2[Board] has been referred to the 3[Federal Government] under sub‑section (2) of section 51, the
3[Federal Government] may, after consulting the 4[Competent Authority] by order in writing,
(a) direct that no action be taken on the decision ; or
(b) direct that the decision be carried into effect either without modification or with such
modifications as it may specify.
54. Supersession of Board.‑(1) If, in the opinion of the 3[Federal Government], any Board is not
competent to perform or persistently makes default in the performance of the duties imposed on it by
or under this Act or otherwise by law, or exceeds or abuses its powers, the 3[Federal Government]
may, 5* * * by an order published, toge ther with the statement of the reasons therefor, in the
6[official Gazette], declare the Board to be incompetent or in default or to have exceeded or abused
its powers, as the case may be, and super sede it for such period as may be specified in the order :
Provided that no Board shall be superseded unless a reason able opportunity has been given to it
to show cause against the supersession.
(2) When a Board is superseded by an order under sub section (1)
(a) all members of the Board shall, on such date as may be specified in the order, vacate their
offices as such members but without prejudice to their eligibility for election or
nomination under clause (c) ;
(b) during the supersession of the Board, all powers and duties conferred and imposed upon
the Board by or under this Act or otherwise by law shall be exercised and performed by
the 7[Officer Commanding the station] subject to such reservation, if any, as the 3[Federal
Government] may prescribe in this behalf ; and
(c) before the expiry of the period of supersession elec tions shall be held and nominations
made for the purpose of reconstituting the Board.
1 Subs. ibid., for the original clause (c).
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for "Cantonment Authority".
3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G.”.
4 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for Öfficer CommandinginChief, the Command ".
5 The words “with the previous sanction of the G.G. in C.” omitted ibid.
6 Subs. ibid., for “local official Gazette”.
7 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 14, for “Commanding Office of the Cantonment”.
Page 40 of 129
Validity of Proceedings
55. Validity of proceedings, etc.‑(1) No act or proceeding of a Board or of any commit tee of a
Board shall be invalid by reason only of the existence of a vacancy in the Board or committee.
(2) No disqualification or defect in the election, nomination or appointment of a person acting as
the President or a member of a Board or of any such committee shall vitiate any act or pro ceeding of
the Board or committee if the majority of the persons present at the time of the act being done or the
proceeding being taken were duly qualified members thereof.
(3) Any document or minutes which purport to be the record of the proceedings of a Board or of
any committee of a Board shall, if made and signed substantially in the manner prescribed for the
making and signing of the record of such proceedings, be presumed to be a correct record of the
proceedings of a duly convened meeting, held by a duly constituted Board or committee, as the case
may be, whereof all the members were duly qualified.
CHAPTER IV
SPIRITUOUS LIQUORS AND INTOXICATING DRUGS
56. Unauthorised sale of spirituous liquor or intoxicating drug. If within a cantonment, or
within such limits adjoining a cantonment as the 1[Federal Government] may, by notification in the
2[official Gazette] define, any person not subject to military or air‑force law or any person subject to
military or air‑force law otherwise than as a military officer or a soldier knowingly barters, sells or
supplies, or offers or attempts to barter, sell or supply, any spirituous liquor or intoxicating drug to or
for the use of any soldier or follower or soldier’s wife or minor child without the written permission of
the 3[Officer Commanding the station] or of some person authorised by the 3[Officer Commanding
the station] to grant such permission, he shall be punishable with fine which may extend to one
hundred rupees, or with imprisonment for a term which may extend to three months, or with both.
57. Unauthorised possession of spirituous liquor. If within a cantonment, or within any limits
defined under section 56,‑
(b) the wife or servant of any such person or of a soldier, has in his or her possession, except
on behalf of the 4[Federal Government] or for the private use of a military officer, more
than one quart of any spirituous liquor, other than fermented maltliquor, without the
written permission of the 3[Officer Command ing the station] or of some person authorised
by the 3[Officer Commanding the station] to grant such permission, he or she shall be
punishable, in the case of a first offence, with fine which may extend to fifty rupees, and,
in the case of a subsequent offence, with imprisonment for a term
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G.”.
2 Subs. by A.O., 1937., for “Local official Gazette.”.
3 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 14, for “Commanding Officer of the Cantonment”.
4 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “Govt.”.
Page 41 of 129
which may extend to three months, or with fine which may extend to one hundred rupees.
58. Arrest of persons and seizure and confiscation of things for offences against the two last
foregoing sections.‑(1) Any police officer or excise officer may, without an order from a Magistrate
and without a warrant, arrest any person whom he finds committing an offence under section 56 or
section 57, and may seize and detain any spirituous liquor or intoxicating drug in respect of which
such an offence has been committed and any vessels or coverings in which the liquor or drug is
contained.
(2) Where a person accused of an offence under section 56 has been previously convicted of an
offence under that section, an officer in charge of a police station may, with the written per mission of
a Magistrate, seize and detain any spirituous liquor or intoxicating drug within the cantonment or
within any limits defined under that section which, at the time of the alleged com mission of the
subsequent offence, belonged to, or was in the possession of, such person.
(3) The Court convicting a person of an offence under section 56 or section 57 may order the
confiscation of the whole or any part of anything seized under sub‑section (1) or sub‑section(2).
(4) Subject to the provisions of Chapter XLIII of the Code of Criminal Procedure, 1898, (V of
1898) anything, seized under sub‑section (1) or sub‑section (2) and not confiscated under sub‑section
(3) shall be restored to the person from whom it was taken.
59. Saving of articles sold or supplied for medicinal purposes. The foregoing provisions of this
Chapter shall not apply to the sale or supply of any article in good faith for medicinal purposes by a
medical practitioner, chemist or druggist authorised in this behalf by a general or special order of the
1[Officer Commanding the station].
CHAPTER V
TAXATION
Imposition of Taxation
2[60. General power of Taxation.(1) The Board may, with the previous sanction of the
3[Federal Government], impose in any cantonment any tax which, under any enactment for the time
being in force, may be imposed in any municipality in the Province wherein such cantonment is
situated :
4* * * * * * *
(2) Any tax imposed under this section shall take effect from the date of its notification in the
5[official Gazette].]
1 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 14, for “Commanding Officer of the Cantonment”.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 23, for the original section 60.
For Notifin. under this section, see Gaz. of P., 1953, Part III, p. 110.
3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G.”.
4 The proviso to subsection (1) was omitted, by A.O., 1937.
5 Subs. ibid., for “local official Gazette”.
Page 42 of 129
1[61. Framing of preliminary proposals. When a resolution has been passed by the Board
proposing to impose a tax under section 60, the Board shall in the manner prescribed in section 255
publish a notice specifying‑
(a) the tax which it is proposed to impose;
(b) the persons or classes of persons to be made liable and the description of the property or
other taxable thing or circumstance in respect of which they are to be made liable; and
(c) the rate at which the tax is to be levied.
62. Objections and disposal thereof.‑(1) Any inhabitant of the cantonment may, within thirty
days from the publication of the notice under section 61, submit to the Board an objection in writing
to all or any of the proposals contained therein and the Board shall take any objection into
consideration and pass orders thereon by special resolution.
(2) If the Board decides to modify its proposals or any of them, it shall re‑publish the modified
proposals in the manner provided by section 61 indicating that the proposals are in modi fication of
the proposals previously published ; and the provisions of sub‑section (1) of this section shall apply to
such modified proposals.
(3) When the Board has finally settled the proposals, it shall submit them along with the
objections, if any, made in connection therewith to the 1[Federal Government] through the
2[Competent Authority].
63. Imposition of tax. The 1[Federal Government] may authorise the Board to impose the tax
either in the original form or, if any objection has been submitted, in that form or any such modified
form as it thinks fit.]
64. Definition of “annual value”. For the purposes of this Chapter, “annual value” means
(a) in the case of railway stations, hotels, colleges, schools, hospitals, factories and any other
buildings which a 3[Board] decides to assess under this clause, one‑twentieth of the sum
obtained by adding the estimated present cost of erecting the building to the estimated
value of the land appertaining thereto, and
(b) in the case of a building or land not assessed under clause (a), the gross annual rent for
which such building (exclusive of furniture or machinery therein) or such land is actually
let or, where the building or land is not let or in the opinion of the 3[Board] is let for a sum
less than its fair letting value, might reasonably be expected to let from year to year :
1 Ss. 61,62 and 63 were subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 24, for the original sections.
2 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”.
3 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 43 of 129
Provided that, where the annual value of any building is by reason of exceptional circumstances,
in the opinion of the 1[Board], excessive if calculated in the aforesaid manner, the 1[Board] may fix
the annual value at any less amount which appears to it to be just.
65. Incidence of taxation.‑(1) Save as otherwise expressly provided in the notifica tion imposing
the tax, every tax 2[assessed] on the annual value of buildings or lands or of both shall be leviable
primarily upon the actual occupier of the property upon which the said tax is assessed, if he is the
owner of the buildings or lands or holds them on a building or other lease 3[granted by or on behalf of
the 4[Government] or] the 1[Board] or on a building lease from any person.
(2) In any other case, the tax shall be primarily leviable as follows, namely:‑
(a) if the property is let, upon the lessor ;
(b) if the property is sub‑let, upon the superior lessor ;
(c) if the property is unlet, upon the person in whom the right to let the same vests.
(3) On failure to recover any sum due on account of such tax from the person primarily liable,
there may be recovered from the occupier of any part of the buildings or lands in respect of which the
tax is due such portion of the sum due as bears to the whole amount due the same ratio which the rent
annually payable by such occupier bears to the aggregate amount of rent so payable in res pect of the
whole of the said buildings or lands, or to the aggregate amount of the letting value thereof, if any,
stated in the authen ticated assessment list.
(4) An occupier who makes any payment for which he is not primarily liable under this section
shall, in the absence of any contract to the contrary, be entitled to be reimbursed by the person
primarily liable for the payment, and, if so entitled, may deduct the amount so paid from the amount
of any rent from time to time becoming due from him to such person.
Assessment List
66. Assessment list. When a tax 2[assessed] on the annual value of build ings or lands or both is
imposed, the 1[Board] shall cause an assessment list of all buildings or lands in the cantonment, or of
both, as the case may be, to be prepared in such form as the 5[Federal Government] may by 6rule
prescribe.
67. Publication of assessment list. When the assessment list has been prepared, the 1[Board]
shall give public notice thereof, and of the place where the list or a copy thereof may be inspected,
and every person claiming to be the owner, lessee or occupier of any property included in the list, and
any authorised agent of such person, shall be at liberty to inspect the list and to make extracts there
from free of charge.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Ins. by the Cantonments (Amdt.) Act, 1927 (26 of 1927), s. 7.
3 Subs. by Act 24 of 1936, s. 25, for “from the Secretary of State in Council or from”.
4 Subs. by A.O., 1961, Art. 2 (with effect from the 23 rd March, 1956), for “Crown” which had been subs. by A.O., 1937, for “Secretary of State in Council”.
5 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
6 For the Cantonments Assessment (Prescription of Form) Rules, 1961, see Gaz. of P., 1962, Pt. III. p.2.
Page 44 of 129
68. Revision of assessment list.‑(1) The 1[Board] shall, at the same time, give public notice of a
date, not less than one month thereafter, when it will proceed to consider the valuations and
assessments entered in the assessment list, and, in all cases in which any property is for the first time
assessed or the assessment is increased, it shall also give written notice thereof to the owner and to
any lessee or occupier of the property.
(2) Any objection to a valuation or assessment shall be made in writing to the 1[Board] before the
date fixed in the notice, and shall state in what respect the valuation or assessment is disputed, and all
objections so made shall be recorded in a register to be kept for the purpose by the 1[Board].
(3) The objections shall be inquired into and investigated, and the persons making them shall be
allowed an opportunity of being heard either in person or by authorised agent, by an Assess ment
Committee appointed by the 1[Board].
(4) The Assessment Committee shall consist of not less than three persons, and, 2* * * it shall not
be necessary to appoint to the Assessment Committee any member 3[of the Board].
69. Authentication of assessment list.‑(1) When all objections made under section 68 have been
disposed of, and the revision of the valuation and assessment has been completed, the assessment list
shall be authenticated by the signature of the members of the Assessment Committee who shall, at the
same time, certify that they have considered all ob jections duly made and have amended the list so
far as is required by their decisions on such objections.
(2) The assessment list so authenticated shall be deposited in the office of the 1[Board], and shall
there be open, free of charge, during office hours to all owners, lessees and occupiers of property
comprised therein or the authorised agents of such persons, and a public notice that it is so open shall
forthwith be published.
70. Evidential value of assessment list. Subject to such alterations as may thereafter be made in
the assessment list under the provisions of this Chapter and to the result of any appeal made
thereunder, the entries in the assess ment list authenticated and deposited as provided in section 69
shall be accepted as conclusive evidence‑
(i) for the purpose of assessing any tax imposed under this Act, of the annual value or other
valuation of all buildings and lands to which such entries respectively refer, and
(ii) for the purposes of any tax imposed on buildings or lands, of the amount of each such tax
leviable thereon during the year to which such list relates.
71. Amendment of assessment list.‑4[(1) The Board may amend the assessment list at any time‑
[1] Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
[2] The words “where there is a Board” were omitted ibid., s. 26.
[3] Subs. ibid., for “thereof”.
[4] Subs. ibid., s. 27, for the original subsection (1).
Page 45 of 129
(a) by inserting or omitting the name of any person whose name ought to have been or ought
to be inserted or omitted, or
(b) by inserting or omitting any property which ought to have been or ought to be inserted or
omitted, or
(c) by altering the assessment on any property which has been erroneously valued or assessed
through fraud, accident or mistake, whether on the part of the Board or of the Assessment
Committee or of the assessee, or
(d) by revaluing or re‑assessing any property the value of which has been increased, or
(e) in the case of a tax payable by an occupier, by chang ing the name of the occupier :
Provided that no person shall by reason of any such amend ment become liable to pay any tax or
increase of tax in respect of any period prior to the commencement of the year in which the
assessment is made.]
1[(1A) Before making any amendment under sub‑section (1) the Board shall give to any person
affected by the amendment notice of not less than one month that it proposes to make the
amendment.]
(2) Any person interested in any such amendment may tender an objection to the 2[Board] in
writing before the time fixed in the notice, and shall be allowed an opportunity of being heard in
support of the same in person or by authorised agent.
72. Preparation of new assessment list. The 2[Board] shall prepare a new assessment list at least
once in every three years, and for this purpose the provisions of sections 66 to 71 shall apply in like
manner as they apply for the purpose of the preparation of an assessment list for the first time.
73. Notice of transfers.‑(1) Whenever the title of any person primarily liable for the payment of
a tax on the annual value of any building or land to or over such building or land is transferred, the
person whose title is transferred and the person to whom the same is transferred shall, within three
months after the execution of the instrument of transfer or after its registration, if it is registered, or
after the transfer is effected, if no instrument is executed, give notice of such transfer to the
Executive Officer.
(2) In the event of the death of any person primarily liable as aforesaid, the person on whom the
title of the deceased devolves shall give notice of such devolution to the Executive Officer with in six
months from the death of the deceased.
(3) The notice to be given under this section shall be in such form as the Executive Officer may
direct, and the transferee or other person on whom the title devolves shall, if so required, be bound to
produce before the Executive Officer any documents evidencing the transfer or devolution.
1 Subsection (1A), ins. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 27.
2 Subs. ibid., s. 69, for “Cantonment Authority”.
Page 46 of 129
(4) Every person whom makes a transfer as aforesaid without giving such notice to the Executive Officer
shall continue liable for the payment of all taxes assessed on the property transferred until he gives notice or
until the transfer has been recorded in the regis ters of the 1[Board], but nothing in this section shall be held to
affect the liability of the transferee for the payment of the said tax.
2[(5) The Executive Officer shall record 3[every transfer or devolution] of title notified to him under
sub‑section (1) or sub section (2) in the assessment list and other tax registers of the Board.]
74. Notice of erection of buildings.‑(1) If any building is erected or re‑erected within the meaning of
section 179, the owner shall give notice thereof to the Executive Officer within thirty days from the date of its
completion or occupation, whichever is earlier.
(2) Any person failing to give the notice required by sub section (1) shall be punishable with fine which
may extend to fifty rupees or ten times the amount of the tax payable on the said building, as erected or
re‑erected, as the case may be, in respect of a period of three months, whichever is greater.
Remission and Refund
75. Demolition, etc., of buildings. If any building is wholly or partly demolished or des troyed or
otherwise deprived of value, the 1[Board] may, on the application 4[in writing] of the owner 5[or occupier],
remit or refund such portion of 6[any tax assessed on the annual value thereof] as it thinks fit.
76. Remission of tax. In a cantonment 7* * *, when any building or land has remained vacant and
unproductive of rent for 8[sixty] or more consecutive days 9* * *, the 1[Board] shall remit or refund, as the
case may be, such portion of [ 10[any tax assessed on the annual value thereof] as may be proportionate to the
number of days during which the said building or land has remained vacant and unproductive of rent:
11[Provided that in any cantonment which the 12[Federal Government], by notification in the official
Gazette, has declared to be a hill cantonment and in respect of which the 3[Federal Gov ernment] by the same
or a like notification has declared a portion of the year to be the season for the cantonment, when any building
or land is leased for occupation through the season only, but the rent charged is the full annual rent, no
remission or refund shall be admissible under this section in respect of any time outside the season during
which the building or land remains vacant, but in respect of any time, not being less than sixty consecutive days
during which within the season such building or land has remained vacant
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subsection (5) ins. ibid., s. 28.
3 Subs. by the Repealing and Amending Act, 1940 (32 of 1940), s. 3 and 2 nd Sch., for “every transfer on devolution”.
4 Ins. by the Cantonments (Amdt.) Act, 1931 (7 of 1931), s. 4.
5 Ins. by Act 24 of 1936, s. 29.
6 Subs. by the Cantonments (Amdt.) Act, 1927 (26 of 1927), s. 9, for “the tax payable thereon”.
7 The words “other than a hill cantonment” omitted by Act 24 of 1936, s. 30.
8 Subs. ibid., for “ninety”.
9 The words “during any year” omitted, ibid.
10 The original words “the tax payable thereon in respect of that year” have successively been amended by the Cantonments (Amdt.) Act, 1927 (26 of 1927), s. 10 and the
Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 30, to read as above.
11 Proviso added by the Cantonments (Amdt.) Act, 1942 (15 of 1942), s. 7.
12 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
Page 47 of 129
and unproductive of rent, the Board shall remit or refund such portion of any tax assessed on the
annual value thereof as bears to the whole of the tax so assessed the same proportion as the number
of days during which the building or land has remained vacant and unproductive of rent bears to the
total length of the season.]
77. Power to require entry in assessment list of details of buildings. For the purpose of
obtaining a partial remission or refund of tax, the owner of a building composed of separate ten
ements may request the 1[Board], at the time of the assessment of the building, to enter in the
assessment list, in addition to the annual value of the whole building, a note recording in detail the
annual value of each separate tenement. When any tenement, the annual value of which has been
thus separately recorded, has remained vacant and unproductive of rent for 2[sixty] or more
consecutive days 3* * *, such portion of 4[any tax assessed on the annual value of the whole building
5* * *] shall be remitted or refunded as would have been remitted or refunded if the tenement had
been separately assessed.
6[77A.] Notice to be given of the circumstances in which remission or refund is claimed.
7[No remission or refund under 8* * section 76, or section 77] shall be made unless notice in writing
of the 9[fact that the building, land or tenement has become vacant and un productive of rent] has
been given to the [10[Board], and no remis sion or refund shall take effect in respect of any period
commenc ing more than fifteen days before the delivery of such notice.
78. What buildings, etc., are to be deemed vacant.‑(1) For the purposes of sections 76 and 77
no build ing, tenement or land shall be deemed vacant if maintained as a pleasure resort or town or
country house, or be deemed unpro ductive of rent if left to a tenant who has a continuing right of
occupation thereof, whether he is in actual occupation or not.
(2) The burden of proving all facts entitling any person to claim relief under section 75, or section
76, or section 77, shall be upon him.
79. Notice to be given of every occupation of vacant building or house.‑(1) The owner of any
building, tenement or land in respect of which a remission or refund of tax has been given under
section 76 or section 77 shall give notice of the re‑occupation of such building, 11[tenement] or land
within fifteen days of such re‑occupation.
(2) Any owner failing to give the notice required by sub section (1) shall be punishable with fine
which shall not be less than twice the amount of the tax payable on such building, tene ment or land in
respect of the period during which it has been re occupied and which may extend to fifty rupees, or to
ten times the amount of the said tax, whichever sum is greater.
1 Subs. by Act 24 of 1936, s. 69, for “Cantonment Authority”.
2 Subs. ibid., s. 30, for “ninety”.
3 The words “during any year” omitted, ibid.
4 Subs. by Act 26 of 1927, s. 11, for “the tax payable in respect of that year on the whole building”.
5 The words “and payable in respect of that year” rep. by Act 24 of 1936, s. 30.
6 The proviso to s. 77 was numbered as s. 77A, by the Cantonments (Amdt.) Act, 1927 (26 of 1927), s. 11.
7 Subs. ibid., for “Provided that no such remission”.
8 The word and figures “section 75” were rep. by the Cantonments (Amdt.) Act, 1931 (7 of 1931), s. 5.
9 Subs. ibid., for “circumstances in which it is claimed”.
10 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
11 Ins. by the Repealing and Amending Act, 1934 (24 of 1934), s. 2, and 1 st Sch.
Page 48 of 129
Charge on Immoveable Property
80. Tax on buildings and land to be a charge thereon. A tax assessed on the annual value of
any building of land shall, subject to the prior payment of the land‑revenue, if any due to the
Government thereon be a first charge upon the building or land.
Octroi, Terminal Tax and Tool
81. Inspection of imported goods, etc. Every person bringing or receiving any goods, vehicles or
animals within the limits of any cantonment in which octroi or terminal tax or toll is leviable, shall,
when so required by an officer duly authorized by the 1[Board] in this behalf, so far as may be
necessary for ascertaining the amount of tax chargeable
(a) permit that officer to inspect, examine or weigh such goods, vehicles or animals ; and
(b) communicate to that officer any information, and exhibit to him any bill, invoice or
document of a like nature, which such person may possess relating to such goods,
vehicles or animals.
82. Evasion of octroi or terminal tax.‑(1) Any person who takes or attempts to take past any
octroi station or any other place appointed within a cantonment for the collection of octroi, terminal
tax or toll any goods, vehicles or animals, on account of which octroi, terminal tax or toll is leviable
and thereby evades, or attempts to evade, the payment of such octroi, terminal tax or toll, and any
person who abets any such evasion or attempt at evasion, shall be punishable with fine which may
extend either to ten times the value of such octroi, terminal tax or toll, or to fifty rupees, whichever is
greater and which shall not be less than twice the value of such octroi, terminal tax or toll, as the case
may be.
(2) In case of non‑payment of any octroi or terminal tax or toll on demand, the officer
empowered to collect the same may seize any goods, vehicles or animals on which the octroi,
terminal tax or toll is chargeable or any part or number thereof which is of sufficient value to satisfy
the demand 2[and shall give a receipt specifying the items seized].
(3) The 1[Board], after the lapse of five days from the seiz ure, and after the issue of a notice in
writing to the person in whose possession the goods, vehicles or animals were at the time of seizure,
fixing the time and place of sale, may cause the property so seized, or so much thereof as may be
necessary, to be sold by auction to satisfy the demand and any expenses occasioned by the seizure,
custody and sale thereof, unless the demand and expenses are in the meantime paid :
Provided that the Executive Officer may, in any case, order that any article of a perishable nature
which cannot be kept for five days without serious risk of damage, or which cannot be kept save at a
cost which, together with the amount of octroi, terminal tax or toll, is likely to exceed its value, shall
be sold after the lapse of such shorter time as he may, having regard to the nature of the article, think
proper.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Ins. ibid., s. 31.
Page 49 of 129
(4) If, at any time before the sale has begun, the person whose property has been seized tenders
to the Executive Officer the amount of all expenses incurred and of the octroi, terminal tax or toll, the
Executive Officer shall release the property seized.
(5) The surplus, if any, of the sale‑proceeds shall be credited to the cantonment fund, and shall,
on application made to the 1[Board] within one year after the sale, be paid to the person in whose
possession the property was at the time of seizure, and, if no such application is made, shall be the
property of the 1[Board].
83. Lease of octroi, terminal tax or toll. It shall be lawful for the 1[Board], with the previous
sanction of the 2[Competent Authority] to lease the collection of any octroi, terminal tax or toll for
any period not exceeding one year; and the lessee and all persons em ployed by him in the
management and collection of the octroi, terminal tax or toll shall, in respect thereof,‑
(a) be bound by any orders made by the 1[Board] for their guidance;
(b) have such powers exerciseable by officers or servants of the 1[Board] under this Act as
the 1[Board] may confer upon them ; and
(c) be entitled to the same remedies and be subject to the same responsibilities as if they were
employed by the 1[Board] for the management and collection of the octroi, terminal tax
or toll, as the case may be :
Provided that no article distrained may be sold except under the orders of the 1[Board].
Appeals
84. Appeals against assessment.‑(1) An appeal against the assessment or levy of, or against the
refusal to refund, any tax under this Act shall lie to the District Magistrate or to such other officer as
may be empowered by the 3[Federal Government] in this behalf :
Provided that, where 4* * * the person to whom the appeal would ordinarily lie is, or was when
the tax was imposed, a member of the Board, the appeal shall lie to the Commissioner of the Division,
or, in a Province where there are no Commissioners, to the District Judge.
(2) If, on the hearing of an appeal under this section, any question as to the liability to, or the
principle of assessment of, a tax arises on which the officer hearing the appeal entertains reason able
doubt, he may, either of his own motion or on the application of the appellant, draw up a statement of
the facts of the case and the point on which doubt is entertained, and refer the statement with his own
opinion on the point for the decision of the High Court.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Office CommandinginChief, the Command”, which was previously amended by Act 35 of 1926, s. 2, for
“Officer Commanding the District”.
3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
4 The words “there is a Board and” omitted by Act 24 of 1936, s. 32.
Page 50 of 129
(3) On a reference being made under sub‑section (2), the subsequent proceedings in the case shall
be, as nearly as may be, in conformity with the rules relating to references to the High Court
contained in Order XLVI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908).
85. Co appeal. In every appeal the costs shall be in the discretion of the officer hearing the
appeal.
86. Recovery of costs from Board. If the 1[Board] fails to pay any costs awarded to an appellant
within ten days after the date of the order for payment thereof, the Officer awarding the costs may
order the person hav ing the custody of the balance of the cantonment fund to pay the amount.
87. Conditions of right to appeal. No appeal shall be heard or determined under this Chapter
unless‑
(a) the appeal is, in the case of a tax assessed on the annual value of buildings or lands or
both, brought within thirty days next after the date of the authen tication of the assessment
list under section 69 (ex clusive of the time requisite for obtaining a copy of the relevant
entries therein), or, as the case may be, within thirty days of the date on which an amend
ment is finally made under section 71, and, in the case of any other tax, within thirty days
next after the date of the receipt of the notice of assessment or of altera tion of assessment
or, if no notice has been given, within thirty days next after the date of the presenta tion of
the first bill in respect thereof :
Provided that an appeal may be admitted after the expira tion of the period prescribed
therefor by this section if the appellant satisfies the Court before whom the appeal is
preferred that he had sufficient cause for not preferring it within that period;
(b) the amount, if any, in dispute in the appeal has been deposited by the appellant in the
office of the 1[Board].
88. Finality of appellate orders. The order of an appellate authority confirming, set ting aside or
modifying an order in respect of any valuation or assessment or liability to assessment or taxation
shall be final :
Provided that it shall be lawful for the appellate authority, upon application or on its own motion,
to review any order passed by it in appeal if application in this behalf is made within three months
from the date of the original order.
Payment and Recovery of Taxes
89. Time and manner of payment of taxes. Save as otherwise expressly provided under this Act,
any tax imposed under the provisions of this Act shall be payable on such dates and in such
instalments, if any, as the 1[Board] may, by public notice, direct.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonments Authority”.
Page 51 of 129
90. Presentation of bill.‑(1) When any tax has become due, the Executive Officer shall cause to
be presented to the person liable for the pay ment thereof a bill for the amount due.
(2) Every such bill shall specify the particulars of the tax and the period for which the charge is
made.
91. Notice of demand.‑(1) If the amount of the tax for which any bill has been presented is not
paid to the 1[Board] within thirty days from the presentation thereof, the Executive Officer may
cause to be served upon the person liable for the payment of the same a notice of demand in the form
set forth in Schedule I.
(2) For every notice of demand which the Executive Officer causes to be served on any person
under this section, a fee of such amount, not exceeding one rupee, as shall in each case be fixed by
the Executive Officer, shall be payable by the said person and shall be included in the costs of
recovery.
92. Recovery of tax.‑(1) If the person liable for the payment of any tax does not, within thirty
days from the service of the notice of de mand, pay the amount due, or show sufficient cause for
non payment of the same to the satisfaction of the Executive Officer, such sum, with all costs of
recovery, may be recovered under a warrant, issued in the form set forth in Schedule II, by distress
and sale of the moveable property of the defaulter:
Provided that the Executive Officer shall not recover any sum the liability for which has been
remitted on appeal under this Chapter.
(2) Every warrant issued under this section shall be signed by the Executive Officer.
93. Distress.‑(1) It shall be lawful for any servant of the 1[Board] to whom a warrant issued
under section 92 is addressed to distrain, wherever it may be found 2[in the cantonment], any
moveable property of 2[or standing timber, growing crops or grass belong ing to] the person therein
named as defaulter, subject to the following conditions, exceptions and exemptions, namely:
(a) the following property shall not be distrained :‑
(i) the necessary wearing apparel and bedding of the defaulter, his wife and children,
(ii) tools of artisans,
(iii) books of account, or
(iv) when the defaulter is an agriculturist, his implements of husbandry, seed‑grain, and
such cattle as may be necessary to enable the defaulter to earn his livelihood;
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Ins. ibid., s. 33.
Page 52 of 129
(b) the distress shall not be excessive, that is to say, the property distrained shall be as nearly as
possible equal in value to the amount recoverable under the warrant, and if any property has been
distrained which, in the opinion of the Executive Officer, should not have been distrained, it shall
forthwith be returned.
(2) The person charged with the execution of a warrant of distress shall forthwith make an
inventory of the property which he seizes under such warrant, and shall, at the same time, give a
written notice in the form set forth in Schedule III to the person in possession thereof at the time of
seizure that the said property will be sold as therein mentioned.
94. Disposal of distrained property.‑(1) When the property seized is subject to speedy and
natural decay, or when the expense of keeping it in custody is, when added to the amount to be
recovered likely to exceed its value, the Executive Officer shall give notice to the person in whose
possession the property was at the time of seizure that it will be sold at once, and shall sell it
accordingly by public auction unless the amount mentioned in the warrant is forthwith paid.
(2) If the warrant is not in the meantime suspended by the Executive Officer, or discharged, the
property seized shall, after the expiry of the period named in the notice served under sub‑section (2)
of section 93, be sold by public auction by order of the Executive Officer.
(3) The surplus of the sale‑proceeds, if any, shall forthwith be credited to the cantonment fund,
and notice of such credit shall be given at the same time to the person from whose possession the
property was taken, and, if the same is claimed by written applica tion to the 1[Board] within one year
from the date of the notice, a refund thereof shall be made to such person. Any surplus not claimed
within one year as aforesaid shall be the property of the 1[Board].
(4) For every distraint made under this Chapter a fee of such amount, not exceeding one rupee, as
shall in each case be fixed by the Executive Officer shall be charged, and the said fee shall be
included in the costs of recovery.
95. Recovery from a person about to leave cantonment.‑(1) If the Executive Officer has reason
to believe that any person from whom any sum is due 2[or is about to become due] on account of any
tax is about to remove from the canton ment, he may direct the immediate payment by such person of
the sum so due or about to become due, and cause a bill for the same to be served on such person.
(2) If, on the service of such bill, such person does not forthwith pay the sum so due or about to
become due, the amount provided in this Chapter, except that it shall not be necessary to serve upon
the defaulter any notice of demand and the warrant for distress and sale may be issued and executed
without any delay.
96. Power to institute suit for recovery. Instead of proceeding against a defaulter by distress
and sale as hereinbefore provided in this Chapter, or after a defaul ter has been so proceeded against
unsuccessfully or with only partial success, any sum due or the balance of
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Ins. by the Repealing and Amending Act, 1930 (8 of 1930), s. 2 and 1 st Sch.
Page 53 of 129
any sum due, as the case may be, from such defaulter on account of a tax may be recovered from him
by a suit in any Court of competent jurisdic tion.
Special Provisions relating to Taxation
97. Power to prohibit or exempt from taxation. Every 1[Board] shall be deemed to be a
Municipal Committee for the purposes of the Municipal Taxation Act, 1881 (XI of 1881).
98. Power to make special provision for conservancy in certain cases. A [Board]1 may make
special provision for the cleans ing of any factory, hotel, club or group of buildings or lands used for
any one purpose and under one management, and may fix a special rate and the dates and other
conditions for periodical payment thereof, which shall be determined by a written agree ment with the
person liable for the payment of the conservancy or scavenging tax in respect of such factory, hotel,
club or group of buildings or lands :
Provided that, in fixing the amount, proper regard shall be had to the probable cost to the
1[Board] of the services to be rendered.
(2) The following buildings and lands shall be exempt from any tax on property 2[other than a tax
imposed to cover the cost of specific services rendered by the 1[Board], namely:
(a) places set apart for public worship and either actually so used or used for no other purpose
;
(b) buildings used for educational purposes and public libraries, play‑grounds and dharmsalas
which are open to the public and from which no income is derived;
(c) hospitals and dispensaries maintained wholly by charitable contributions ;
(e) buildings or lands vested in a 1[Board] ; and
(f) any buildings or lands, used or acquired for the public service or for any public purpose,
which are the property of 4[the Government], or in the occupation of 5[the 6[Federal] or
any Provincial Government].
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Ins. by the Cantonments (Amdt.) Act, 1942 (15 of 1942), s. 8.
3 The original word “Govt.” was first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23 rd March, 1956), to read as above.
4 The words “the Crown” were first ins. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23 rd March, 1956), to read as above.
5 Subs. by A.O., 1937, for “the Government”.
6 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central”.
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1[99A. General power of exemption. The 2 [Federal Government] may, by notification in the
3[official Gazette], exempt, either wholly or in part from the pay ment of any tax imposed under this
Act, any person or class of per sons or any property or goods or class of property or goods 4* * *].
100. Exemption of poor persons. A 5[Board] may exempt, for a period not exceeding one year
at a time from the payment of any tax or any portion of a tax imposed under this Act, any person who
is in its opinion by reason of poverty unable to pay the same.
101. Composition.‑(1) A 5[Board] may, with the previous sanction of the 6[Competent
Authority] allow any person to compound for any tax.
(2) Every sum due by reason of the composition of a tax under sub‑section (1) shall be
recoverable as if it were a tax.
102. Irrecoverable debts. A 5[Board] may write‑off any sum due on account of any tax 7[or
rate] or of the costs of recovering any tax 7[or rate] if such sum is, in its opinion, irrecoverable :
8[Provided that, where the sum written‑off in favour of any one person exceeds fifty rupees, the
sanction of the 6[Competent Authority] shall be first obtained.]
103. Obligation to disclose liability.‑(1) The Executive Officer may, by written notice, call upon
any inhabitant of the cantonment to furnish such informa tion as may be necessary for the purpose of
ascertaining‑
(a) whether such inhabitant is liable to pay any tax imposed under this Act ;
(b) at what amount he should be assessed ; or
(c) the annual value of the building or land which he occupies and the name and address of
the owner or lessee thereof.
(2) If any person, when called upon under sub‑section (1) to furnish information, neglects to
furnish it or furnishes informa tion which is not true to the best of his knowledge or belief, he shall be
punishable with fine which may extend to one hundred rupees.
104. Immaterial error not to affect liability. No assessment and no charge or demand on
account of any tax or fee shall be impeached or affected by reason only of any mistake in the name
of any person liable to pay such tax or fee, or in the description of any property or thing, or any
mistake in the amount of the assessment charge or demand, if the direc tions contained in this Act and
the rules and bye‑laws made thereunder have in
1 S. 99A ins. by the Cantonments (Amdt.) Act, 1926 (35 of 1926) , section 7.
2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G.”.
3 Subs. ibid., for “local official Gazette”.
4 The words “belonging to the Secretary of State for India in Council” omitted by the Cantonments (Amdt.) Act, 1931 (7 of 1931), s. 6.
5 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
6 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”, which was previously amended by Act 35 of 1926, s. 2 for
“Officer Commanding the District”.
7 Ins. by Act 24 of 1936, s. 34.
8 Subs. by the Ordinance 44 of 1979, s. 2, for “Officer CommandinginChief, the Command”.
Page 55 of 129
substance and effect been complied with ; but any person who sustains any special damage by reason of any
such mistake shall be entitled to recover compensation for the same by suit in a Court of competent
jurisdiction.
105. Distraint not to be invalid by reason of immaterial defect. No distress levied under this Chapter
shall be deemed unlawful, nor shall any person making the same be deemed a tres passer, on account only of
any defect of form in the notice of demand, warrant of distress or other proceeding relating thereto ; nor shall
any such person be deemed a trespasser ab initio on account of any irregularity afterwards committed by him ;
but any person who sustains any special damage by reason of any such irregularity shall be entitled to recover
compensation for the same by suit in a Court of competent jurisdiction.
CHAPTER VI
CANTONMENT FUND AND PROPERTY
Cantonment Fund
106. Cantonment fund. There shall be formed for every cantonment a canton ment fund, and there shall be
placed to the credit thereof the following sums, namely:‑
(a) the balance, if any, of the cantonment fund formed for the cantonment under the Cantonments Act,
1910, (XV of 1910),
(b) all sums received by or on behalf of the 1[Board],
2* * * * * * *
107. Custody of cantonment fund.‑(1) Where in or near a cantonment there is a Govern ment treasury or
sub‑treasury, or a branch of the 3[State Bank of Pakistan], the cantonment fund shall be kept in such treasury,
sub‑treasury or bank, as the case may be.
(2) Where there is no such treasury, sub‑treasury or bank,the cantonment fund may be deposited with any
bank to which the Government treasury business has been entrusted, and, in the absence of such a bank with
any banker or person acting as a banker who has given such security for the safe custody of the fund and the
payment on demand of the funds so deposited as the 4[Federal Government] may in each case direct.
any portion of its cantonment fund in securities of the 8[Federal Government] or in such other securities,
including fixed deposits in banks, as the 8[Federal Government] may approve in this behalf, and may dispose
of such investments or vary them for others of a like nature.]
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 The word “and” and cl. (c) were rep. by A.O., 1937, see however, para. 4 of the India and Burma (Transitory Provisions) Order, 1937.
3 Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch., for “Imperial Bank of India” (with effect from the 14 th October, 1955).
4 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
5 Subs. by the Cantonments (Amdt.) Act, 1927 (26 of 1927), s. 12, for the original subsection.
6 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
7 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”, which was previously amended by Act, 24 of 1936, s. 35,
for “L.G”.
8 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G. of I”.
Page 56 of 129
(4) The income resulting from any fixed deposit or from any such security as is referred to in
sub‑section (3) or from the proceeds of the sale of any such security shall be credited to the
cantonment fund.
Property
108. Property. Subject to any special reservation made by the 1[Federal Government] 2* * *, all
property of the nature here inafter in this section specified which has been acquired or provided or is
maintained by a 3[Board] shall vest in and belong to that 3[Board], and shall be under its direction,
management and control, that is to say,‑
(a) all markets, slaughter‑houses, manure and night soil depots, and buildings of every
description ;
(b) all water‑works for the supply, storage or distri bution of water for public purposes and all
bridges, buildings, engines, materials, and things connected therewith or appertaining
thereto ;
(c) all sewers, drains, culverts and water‑courses, and all works, materials and things
appertaining thereto ;
(d) all dust, dirt, dung, ashes, refuse, animal matter, filth and rubbish of every kind, and dead
bodies of animals collected by the 3[Board] from the streets, houses, privies, sewers,
cesspools or elsewhere, or deposited in places appointed by the 3[Board] for such
purpose;
(e) all lamps and lamp‑posts and apparatus connected therewith or appertaining thereto ;
(g) all streets and the pavements, stones and other materials thereof, and also all trees,
erections, mate rials, implements, and things existing on or appertain ing to streets.
109. Application of cantonment fund and property. The cantonment fund and all property
vested in a 3[Board] shall be applied for the purposes, whether express or implied, for which, by or
under this Act or any other law for the time being in force, powers are conferred or duties or
obligations are imposed upon the 3[Board]:
Provided that the 3[Board] shall not incur any expenditure for acquiring or renting land beyond
the limits of the cantonment or for constructing any work beyond such limits except
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937 for “G.G. in C”.
2 The words “or the L.G.” omitted by A.O., 1937.
3 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
4 Subs. by A.O., 1937, for “by His Majesty”.
5 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central”.
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(a) with the sanction of the 1[Federal Government], and
(b) on such terms and conditions as the 1[Federal Government] may impose:
Provided, further, that priority shall be given in the order hereinafter set forth to the following
liabilities and obligations of a 2[Board], that is to say,‑
(a) to the liabilities and obligations arising from a trust legally imposed upon or accepted by the
2[Board] ;
(b) to the repayment of, and the payment of interest on, any loan incurred under the provisions of the
Local Authorities Loans Act, 1914 (IX of 1914);
(c) to the payment of establishment charges ;
(d) to the payment of such expenses on account of pauper lunatics sent from the cantonment to public
lunatic asylums and mental hospitals as the 1[Federal Government] directs the 2[Board] to pay;
and
(e) to the payment of any sum the payment of which is expressly required by the provisions of this Act
or any rule or bye‑law made thereunder.
110. Acquisition of immovable property. When there is any hindrance to the permanent or temporary
acquisition upon payment of any land required by a 2[Board] for the purposes of this Act, the 1[Federal
Government] may, at the request of the 2[Board], 3[procure the acquisition thereof] under the provisions of the
Land Acquisition Act, 1894 and on payment by the 2[Board] of the compensation awarded under that Act and
of the charges incurred by the Government in connection with the proceedings, the land shall vest in the
2[Board].
111. Power to make rules regarding cantonment fund and property. The 1[Federal Government] may
make rules4 consistent with this Act to provide for all or any of the following matters, namely :‑
(a) the conditions on which property may be acquired by 5[Boards] or on which property vested in a
2[Board] may be transferred by sale, mortgage, lease, exchange or otherwise ; and
(b) any other matter relating to the cantonment fund or cantonment property in respect of which no
provision or insufficient provision is made by or under this Act, and provision is, in the opinion of
the 1[Federal Government], necessary.
1 Subs. ibid., for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936),s. 69, for “Cantonment Authority”.
3 Subs. by A.O., 1937, for “proceed to acquire it”.
4 For the Pakistan Cantonments Code, 1955, see Gaz. of P., 1955, Ext., pp. 467608.
For the Cantonment Property Rules, 1957, made under this section, see Gaz. of P., 1957, Ext., pp. 15.
5 Subs. by Act 24 of 1936, s. 69, for “Cantonment Authorities”.
Page 58 of 129
CHAPTER VII
CONTRACTS
112. Contracts by whom to be executed. Subject to the provisions of this Chapter, every 1[Board] shall
be competent to enter into and perform any con tract necessary for the purposes of this Act.
113. Sanction.‑(1) Every contract
(a) for which budget provision does not exist, or
(b) which involves a value or amount exceeding one hundred rupees,
shall require the sanction of the 1[Board].
(2) Every contract other than a contract such as is referred to in sub‑section (1) shall be sanctioned by the
1[Board] or by the Executive Officer on behalf of the 1[Board].
114. Execution of contracts.‑(1) Every contract made by or on behalf of a 1[Board], the value or amount
of which exceeds fifty rupees, shall be in writing, and every such contract shall, 2* * *, be signed by two
members, of whom the President or the Vice President shall be one, and be countersigned by the Executive
Officer and be sealed with the common seal of the Board 3* * *:
Provided that, 2* * *, the Executive Officer may in a case of urgency, with the previous sanction of the
President of the Board, execute on behalf of the Board any contract the value or amount of which does not
exceed two hundred rupees.
(2) Where an Executive Officer executes a contract on behalf of a Board under sub‑section (1), he shall
submit a report of his action and of the reasons therefor to the Board at its next meeting.
115. Contracts improperly executed not to be binding on a Board. If any contract is executed by or on
behalf of a 1[Board] otherwise than in conformity with the provisions of this Chapter, it shall not be binding on
the 1[Board].
CHAPTER VIII
DUTIES AND DISCRETIONARY FUNCTIONS OF 4[BOARDS]
116. Duties of Board. It shall be the duty of every 1[Board], so far as the funds at its disposal permit, to
make reasonable provision within the cantonment for
(a) lighting streets and other public places ;
(b) watering streets and other public places ;
(c) cleansing streets, public places and drains, abating nuisances and removing noxious vegetation ;
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 The words “where there is a Board” omitted ibid., s. 36.
3 The words “or, where there is no Board, be signed by the [Officer Commanding the station] and be sealed with the official seal of the Cantonment Authority” omitted by Act 24 of
1936, s. 36. The words in crotchets had been subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 14, for “Commanding Officer of the Cantonment”.
4 Subs. by Act 24 of 1936, s. 69, for “Cantonment Authorities”.
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(d) regulating offensive, dangerous or obnoxious trades, callings and practices ;
(e) removing, on the ground of public safety, health or convenience, undesirable obstructions
and pro jections in streets and other public places ;
(f) securing or removing dangerous buildings and places ;
(g) acquiring, maintaining, changing and regulating places for the disposal of the dead ;
(h) constructing, altering and maintaining streets, cul verts, markets, slaughter‑houses, latrines,
privies, urinals, drains, drainage works and sewerage works ;
(i) planting and maintaining trees on roadsides and other public places ;
(j) providing or arranging for a sufficient supply of pure and wholesome water, where such
supply does not exist, guarding from pollution water used for human consumption, and
preventing polluted water from being so used ;
(k) registering births and deaths ;
(l) establishing and maintaining a system of public vaccination ;
(m) establishing and maintaining or supporting public hospitals and dispensaries, and providing
public medical relief ;
(n) establishing and maintaining 1[or assisting] primary schools ;
(o) rendering assistance in extinguishing fires, and pro tecting life and property when fires occur
;
(p) maintaining and developing the value of property vested in, or entrusted to the management
of, the 2[Board] ; and
(q) fulfilling any other obligation imposed upon it by or under this Act or any other law for the
time being in force.
3[116A. Power to manage property. A 2[Board] may, subject to any conditions imposed by the
4[Federal Government], manage any property entrusted to its management by the 4[Federal
Government] on such terms as to the sharing of rents and profits accruing from such property as may
be determined by rule made under sec tion 280.].
5[117. Discretionary functions of Board.‑(1)] A 6[Board] may, within the cantonment, make
provision for__
1 Ins. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 37.
2 Subs. ibid., s. 69, for “Cantonment Authority”.
3 S. 116A ins. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 6.
4 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C.”.
5 Renumbered by the Cantonments (Amdt.) Act, 1942 (15 of 1942), s. 9.
6 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 60 of 129
(a) laying out in areas, whether previously built upon or not, new streets, and acquiring land for
that purpose and for the construction of buildings, and compounds of buildings, to abut on
such streets ;
(b) constructing, establishing or maintaining public parks, gardens, offices, dairies, bathing or
washing places, drinking fountains, tanks, wells and other works of public utility ;
(c) reclaiming unhealthy localities ;
(d) furthering educational objects by measures other than the establishment and maintenance of
primary schools ;
(e) taking a census and granting rewards for information which may tend to secure the correct
registration of vital statistics ;
(f) making a survey ;
(g) giving relief on the occurrence of local epidemics by the establishment or maintenance of
relief works or otherwise ;
(h) securing or assisting to secure suitable places for the carrying on of any offensive,
dangerous or obnoxious trade, calling or occupation ;
(i) establishing and maintaining a farm or other place for the disposal of sewage ;
(j) constructing, subsidising or guaranteeing tramways or other means of locomotion, and
electric lighting or electric power works ; 1[or]
(k) adopting any measure, other than a measure specified in section 116 or in the foregoing
provisions of this section, likely to promote the safety, health or convenience of the
inhabitants of the cantonment ; 2*
3* * * * * * *
4[(2) A Board may, either within or outside the canton ment, make provision for the doing of anything
on which expenditure is declared by the 5[Federal Government], or by the Board with the sanction of
the 5[Federal Government], to be an appropriate charge on the cantonment fund.]
6
[117A. Power of expenditure for educational purposes outside the cantonment. A 7[Board] may
make provision for educational objects outside the cantonment if it is satisfied that the interests of the
residents of the cantonment will be served thereby.]
1 Added by Act 15 of 1942, s. 9.
2 The word “or” omitted, ibid.
3 The original clause (l) omitted, ibid.
4 Subsection (2) added.
5 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
6 S.117A ins. by the Cantonments (Amdt.) Act, 1926 (35 of 1926), s. 8.
7 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 61 of 129
CHAPTER IX
PUBLIC SAFETY AND SUPPRESSION OF NUISANCES
General Nuisances
118. Penalty for causing nuisances. ‑(1) Whoever‑
(a) in any street or other public place within a cantonment,‑
(i) is drunk and disorderly or drunk and incapable of taking care of himself ; or
(ii) uses any threatening, abusive or insulting words, or behaves in a threatening or insulting
manner with intent to provoke a breach of the peace, or whereby a breach of the peace is
likely to be occasioned ; or
(iii) eases himself, or wilfully or indecently exposes his person ; or
(iv) loiters, or begs importunately, for alms ; or
(v) exposes or exhibits, with the object of exciting charity, any deformity or disease or any offen
sive sore or wound ; or
(vi) carries meat exposed to public view ; or
(vii) is found gaming ; or
(viii) pickets animals, or collects carts ; or
(ix) being engaged in the removal of night‑soil or other offensive matter or rubbish, wilfully or
negligently permits any portion thereof to spill or fall, or neglects to sweep away or
otherwise effectually to remove any portion thereof which may spill or fall in such street or
place ; or
(x) without proper authority affixes upon any building, monument, post, wall, fence, tree or other
thing, any bill, notice or other document ; or
(xi) without proper authority defaces or writes upon or otherwise marks any building, monument,
post, wall, fence, tree or other thing ; or
(xii) without proper authority removes, destroys, defaces or otherwise obliterates any notice or
other document put up or exhibited under this Act ; or
(xiii) without proper authority displaces, damages, or makes any alteration in, or otherwise
interferes with, the pavement, gutter, storm water‑drain, flags or other materials of any such
street, or any lamp, bracket, direction‑post, hydrant or water pipe maintained by the 1[Board]
in any such street or public place, or extinguishes a public light ; or
(xiv) carries any corpse not decently covered or with out taking due precautions to prevent risk of
infection or injury to the public health or annoyance to passers‑by or to persons dwelling in
the neighbourhood; or
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 62 of 129
(xv) carries night‑soil or other offensive matter or rubbish at any hour prohibited by the
1[Board] by public notice, or in any pattern of cart or re ceptacle which has not been
approved for the purpose by the 1[Board], or fails to close such cart or receptacle
when in use; or
(b) carries night‑soil or other offensive matter or rubbish along any route in contravention of
any prohibition made in this behalf by the 1[Board] by public notice ; or
(c) deposits, or causes or permits to be deposited, earth or materials of any description, or any
offensive matter or rubbish, in any place not intended for the purpose in any street or
other public place or waste or unoccupied land under the management of the 1[Board] ;
or
(d) having charge of a corpse fails to bury, burn or otherwise lawfully dispose of the same
within twenty four hours after death ; or
(e) makes any grave or buries or burns any corpse in any place not set apart for such purpose
; or
(f) keeps or uses, or knowingly permits to be kept or used, any place as a common gaming
house, or assists in conducting the business of any common gaming house ; or
(g) at any time or place at which the same has been prohibited by the 1[Board] by public or
special notice, beats a drum or tom‑tom, or blows a horn or trumpet, or beats any utensil,
or sounds any brass or other instrument, or plays any music ; or
(h) disturbs the public peace or order by singing, scream ing or shouting ; or
(i) lets loose any animal so as to cause, or negligently allows any animal to cause, injury,
danger, alarm or annoyance to any person ; or
(j) being the occupier of any building or land in or upon which an animal dies, neglects within
three hours of the death of the animal, or, if the death occurs at night, within three hours
after sunrise, either__
(i) to report the occurrence to the Executive Officer or to an officer, if any, appointed by
him in this behalf with a view to securing the removal and disposal of the carcase by
the public conservancy establishment ; or
(ii) to remove and dispose of the carcase in accord ance with any general directions given
by the 1[Board] by public notice or any special direc tions given by the Executive
Officer on receipt of such report as aforesaid ; or
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 63 of 129
(k) save with the written permission of the 1[Board] and in such manner as it may authorise,
stores or use night‑soil, manure, rubbish or any other substance emitting an offensive
smell ; or
(l) uses or permits to be used as a latrine any place not intended for that purpose ;
shall be punishable with fine which may extend to fifty rupees.
(2) Whoever does not take reasonable means to prevent any child under the age of twelve years
being in his charge from easing himself in any street or other public place within the cantonment shall
be punishable with fine which may extend to twenty‑five rupees.
(3) The owner or keeper of any animal found picketed or straying without a keeper in a street or
other public place in a cantonment shall be punishable with fine which may extend to twenty rupees.
(4) Any animal found picketed as aforesaid may be removed by any officer or servant of the
1[Board] or by any police officer to a pound as if the animal had been found straying.
Dogs
119. Registration and control of dogs.__(1) A 1[Board] may make bye‑laws to provide for the
registration of all dogs kept within the cantonment.
(2) Such bye‑laws shall__
(a) require the registration, by the Officer Commanding each military unit, of all dogs kept in
the lines occupied by that unit ;
(b) require that every registered dog shall wear a collar to which shall be attached a metal
token to be issued by the registration authority, and fix the fee payable for the issue
thereof ;
(c) require that any dog which has not been registered or which is not wearing such token
shall, if found in any public place, be detained at a place set apart for the purpose ; and
(d) fix the fee which shall be charged for such detention and provide that any such dog shall
be liable to be destroyed or otherwise disposed of unless it is claimed and the fee in
respect thereof is paid within one week ;
and may provide for such other matters as the 1[Board] thinks fit.
(3) A 1[Board] may‑
(a) cause to be destroyed, or to be confined for such period as 2[it] may direct, any dog or
other animal which is, or is reasonably suspected to be suffering from
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. by the Repealing and Amending Act, 1939 (34 of 1939), s. 2, and 1 st Sch., for “that Authority”.
Page 64 of 129
rabies, or which has been bitten by any dog or other animal suffering or suspected to be
suffering from rabies ;
(b) by public notice direct that, after such date as may be specified in the notice, dogs which
are without collars or without marks distinguishing them as private property and are found
straying on the streets or beyond the enclosures of the houses of their owners, if any, may
be destroyed, and cause them to be destroyed accordingly.
(4) No damages shall be payable in respect of any dog or other animal destroyed or otherwise
disposed of under this section.
(5) Whoever being the owner or person in charge of any dog, neglects to restrain it so that it shall
not be at large in any street without being muzzled and without being secured by a chain lead in any
case in which__
(a) he knows that the dog is likely to annoy or intimidate any person, or
(b) the 1[Board] has, by public notice during the pre valence of rabies, directed that dogs shall
not be at large without muzzles and chain leads,
shall be punishable with fine which may extend to one hundred rupees.
(6) Whoever in a cantonment‑
(a) allows any ferocious dog which belongs to him or is in his charge to be at large without
being muzzled, or
(b) sets on or urges any dog or other animal to attack, worry or intimidate any person, or
(c) knowing or having reason to believe that any dog or animal belonging to him or in his
charge has been bitten by an animal suffering or reasonably suspected to be suffering
from rabies, neglects to give imme diate information of the fact to the Executive Officer or
gives information which is false,
shall be punishable with fine which may extend to two hundred rupees.
Traffic
120. Rule of the road. Whoever in driving, leading or propelling a vehicle along a street fails,
except in a case of actual necessity,__
(a) to keep to the left when passing a vehicle coming from the opposite direction, or
(b) to keep to the right when passing a vehicle going in the same direction as himself,
shall be punishable with fine which may extend to fifty rupees.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 65 of 129
Prevention of fire, etc.
121. Use of inflammable materials for building purposes.‑(1) A 1[Board] may, by public notice, direct
that within such limits in the cantonment as may be specified in the notice, the roofs and external walls of huts
or other buildings shall not, without the permission in writing of the 1[Board], be made or renewed of grass,
mats, leaves or other inflammable materials, and may, by notice in writing, require any person who has dis
obeyed any such direction as aforesaid to remove or alter the roofs or walls so made or renewed.
(2) A 1[Board] may, by notice in writing, require the owner of any building in the cantonment which has an
external roof or wall made of any such material as aforesaid to remove such roof or wall within such time as
may be specified in the notice, notwithstanding that a public notice under sub‑section (1) has not been issued or
that such roof or wall was made with the consent of the 1[Board] or before the issue of such public notice:
Provided that, in the case of any such roof or wall in exist ence before the issue of such a public notice or
made with the consent of the 1[Board], that Authority2 shall make compensation, not exceeding the original
cost of constructing the roof or wall, for any damage caused by the removal.
122. Stacking or collecting inflammable materials. A 1[Board] may, by public notice, prohibit in any
case where such prohibition appears to it to be necessary for the prevention of danger to life or property, the
stacking or collecting of wood, dry grass, straw or other inflammable materials, or the placing of mats or
thatched huts or the lighting of fires in any place in the cantonment, or within any limits therein, which may be
specified in the notice.
123. Care of naked lights. No person shall set a naked light on or near any building in any street or other
public place in a cantonment in such manner as to cause danger of fire:
Provided that nothing in this section shall be deemed to prohibit the use, subject to the permission in
writing of the 1[Board], of lights for purposes of illumination on the occasion of a festival or public or private
entertainment.
(2) If the owner of a cinematograph or other apparatus uses the apparatus or allows it to be used, or if any
person takes any part in any public dramatic performance or pantomime, in contravention of the provisions of
this section, or if the occupier of any premises allows them to be used in contravention of the provisions of this
section or of any condition of any licence granted under this section, he shall be punishable with fine which
may extend to two
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Sic. The reference is obviously to the Board.
3 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3, and Sch. II, for “Cinematograph Act, 1918”.
Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 66 of 129
hundred rupees, and, in the case of a continuing offence, with an additional fine which may extend to
fifty rupees for each day after the first during which the offence continues.
(3) Nothing in this section shall be deemed to prohibit the giving of any exhibition or any
dramatic performance or panto mime in any theatre or institute which is the property of 1[the
Government] where the exhibition, performance or pantomime is held with the permission and under
the control of the military authorities.
125. Discharging fireworks, firearms, etc. Whoever in a cantonment discharges any fire‑arm
or lets off fire‑works or fire‑balloons, or engages in any game in such manner as to cause or to be
likely to cause danger to persons passing by or dwelling or working in the neighbourhood or risk of
injury to property shall be liable to fine which may extend to fifty rupees.
126. Power to require buildings, wells, etc., to be rendered safe. Where in a cantonment any
building, or wall, or anything affixed thereto, or any well, tank, reservoir, pool, depression, or
excavation, or any bank or tree, is, in the opinion of the 1[Board] 2[in a ruinous state or], for want of
sufficient repairs, protection or enclosure 3[a nuisance or], dangerous to persons passing by or
dwelling or working in the neighbourhood the 1[Board] 3[by notice in writing may], require the owner
4[or part‑owner or person claiming to be the owner or part‑owner thereof, or, failing any of them, the
127. Enclosure of waste land used for improper purposes. A 1[Board] may, by notice in
writing, require the owner or part‑owner, or person claiming to be the owner or part‑owner, of any
building or land in the cantonment, or the lessee or the person claiming to be the lessee of any such
land, which, by reason of disuse or disputed ownership or other cause, has remained unoccupied and
has become the resort of idle and disorderly persons or of persons who have no ostensible means of
subsistence or cannot give a satisfactory account of themselves, or is used for gaming or immoral
purposes, or other wise occasions or is likely to occasion a nuisance, to secure and enclose the same
within such time as may be specified in the notice.
CHAPTER X
SANITATION AND THE PREVENTION AND TREATMENT OF DISEASE
Sanitary Authorities
128. Responsibility for sanitation. The following officers shall, for the purposes of sanitation,
have control over, and be responsible for maintaining in a sanitary condition, those parts of a
cantonment, respectively, which are specified in the case of each, that is to say :__
1 The original word “Govt.” was first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23 rd March, 1956), to read as above.
2 Ins. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 7.
3 Subs. by the Cantonments (Amdt.) Act, 1944 (8 of 1944), s. 6, for “may, by notice in writing”.
4 Ins. by Act 24 of 1936, s. 38.
5 The original words “thereof to repair” have successively been amended by Acts 7 of 1925, s. 7, and 8 of 1944, s. 6, to read as above.
6 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 38, for “protect or enclose”.
7 Subs. ibid., s. 69, for “Cantonment Authority”.
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(a) the 1[Officer Commanding the station]___all buildings and lands which are occupied or
used for military purposes ;
(b) the Officer Commanding the air forces in the can tonment__all buildings and lands which
are occupied or used for air‑force purposes ;
(c) the head of any civil department or railway adminis tration occupying as such any part of
the canton ment all buildings and lands in his charge as head of that department or
administration.
129. General duties of Health Officer.‑(1) The Health Officer shall exercise a general sanitary
supervision over the whole cantonment, and shall submit monthly to the 2[Board] a report as to the
sanitary condition of the cantonment, together with such recommendations in con nection therewith as
he thinks fit.
(2) The Assistant Health Officer shall perform such duties in connection with the sanitation of the
cantonment as are, subject to the control of the 2[Board], allotted to him by the Health Officer.
Conservancy and Sanitation
130. Public latrines, urinals and conservancy establishment. All public latrines and urinals
provided or maintained by a 2[Board] shall be so constructed as to provide separate compartments for
each sex and not to be a nuisance, and shall be provided with all necessary conservancy
establishments, and shall regularly be cleansed and kept in proper order.
131. Power of Board to undertake private conservancy arrangements.‑(1) On the application
or with the consent of the occupier of any building or land, or, where the occupier of any building or
land fails to make arrangements to the satisfaction of the 2[Board] for the matters referred to in this
section, with out such consent, and after giving notice in writing to the occupier, a 2[Board] may
undertake the house scavenging of any building or land in the cantonment for such period as it thinks
fit on such terms as it may prescribe in this behalf.
(2) Where the 2[Board] has undertaken the duties referred to in this section, all matter removed in
the performance of such duties shall be the property of 3[that Board].
(3) For the purposes of this section, “house scavenging” means the removal of filth or rubbish or
other offensive matter from a privy, latrine, urinal, drain, cesspool, or other common receptacle for
such matter.
132. Deposit and disposal of rubbish, etc.‑(1) Every 2[Board] shall provide or appoint, in proper
and convenient situations, public receptacles, depots or places for the temporary deposit or disposal
of household rubbish, offensive matter, carcases of dead animals and sewage.
1 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 14, for “Commanding Officer of the cantonment”.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
3 Subs. by the Repealing and Amending Act, 1939 (34 of 1939), s. 2 and 1 st Sch., for “that Authority”.
Page 68 of 129
(2) The 1[Board] may, by public notice, issue directions as to the time at which, the manner in
which, and the conditions subject to which, any matter referred to in sub‑section (1) may be removed
along a street or may be deposited or otherwise disposed of.
(3) All matter deposited in receptacles, depots or places provided or appointed under this section
shall be the property of the 1[Board].
133. Cesspools, receptacles for filth, etc. The Executive Officer of any cantonment may, by
notice in writing,__
(a) require any person having the control whether as owner, lessee or occupier of any land or
building in the cantonment‑
(i) to close any cesspool appertaining to the land or building which is, in the opinion of
the Execu tive Officer, a nuisance, or
(ii) to keep in a clean condition, in such manner as may be prescribed by the notice, any
receptacle for filth or sewage accumulating on the land or in the building, or
(iii) to prevent the water of any private latrine, urinal, sink or bath‑room or any other
offensive matter, from soaking, draining or flowing, or being put, from the land or
building upon any street or other public place, or into any water course or into any
drain not intended for the purpose ; or
(iv) to collect and deposit for removal by the conservancy establishment of the 1[Board],
within such time and in such receptacle or place, situate at not more than one
hundred feet from the nearest boundary of the premises, as may be specified in the
notice, any offensive matter or rubbish which such person has al lowed to accumulate
or remain under, in or on such building or land ; or
(b) require any person to desist from making or altering any drain leading into a public drain ;
or
(c) require any person having the control of a drain in the cantonment to cleanse, purify,
repair or alter the same, or otherwise put it in good order, within such time as may be
specified in the notice.
134. Filling up of tank, etc.__(1) Where any well, tank, cistern, reservoir, recept acle, or other
place in the cantonment where water is stored or accumulates, whether within any private enclosure
or not, is in such a condition as to create a nuisance or, in the opinion of the Health Officer, or the
Assistant Health Officer, is or is likely to be a breeding place for mosquitoes, the 1[Board] may, by
notice in writing, require the owner, lessee or occupier thereof, within such period as may be
specified in the notice, to fill up or cover the well, cistern, reservoir or receptacle, or to fill up the
tank, or to drain off or remove the water, as the case may be.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 69 of 129
(2) The 1[Board] may, if it thinks fit, with the previous sanction of the 2[Competent Authority]
meet the whole or any portion of the expenses incurred in com plying with a requisition under
sub‑section (1).
135. Provision of latrines, etc. A 1[Board] may, by notice in writing, require the owner or lessee
of any building or land in the cantonment to provide, in such manner as may be specified in the
notice, any latrine, urinal, cesspool, dust‑bin or other receptacle for filth, sewage, or rubbish, or any
additional latrine, urinal, cesspool or other receptacle as aforesaid, which should, in its opinion, be
provided for the building or land.
136. Sanitation in factories, etc. Every person employing, whether on behalf of the Government
or otherwise, more than ten workmen or labourers, and every person managing or having control of a
market, school, theatre or other place of public resort, in a cantonment shall give notice of the fact to
the 1[Board], and shall provide such latrine, and urinals, and shall employ such number of sweep ers,
as the 1[Board] thinks fit, and shall cause the urinals to be kept clean and in proper order:
Provided that nothing in this section shall apply in the case of a factory to which the 2[Factories
Act, 1934 (XXV of 1934)].
137. Private latrines. A 1[Board] may, by notice in writing,‑
(a) require the owner or other person having of any private latrine or urinal in the cantonment
not to put the same to public use ; or
(b) where any plan for the construction of private latrines or urinals has been approved by the
1[Board], and copies thereof may be obtained free of charge on application,
(i) require any person repairing or constructing any private latrine or urinal not to allow
the same to be used until it has been inspected by or under the direction of the
Health Officer and approved by him as conforming with such plan ; or
(ii) require any person having control of any private latrine or urinal to re‑build or alter
the same in accordance with such plan ; or
(c) require the owner or other person having the control of any such private latrine or urinal
which, in the opinion of the 3[Board], constitutes a nuisance, to remove the latrine or
urinal ; or
(d) require any person having the control whether as owner, lessee or occupier of any land or
building in the cantonment‑
1 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”, which was previously amended by Act, 35 of 1926, s. 2,
for “Officer Commanding the District”.
2 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II, for “Indian Factories Act, 1911”.
3 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 70 of 129
(i) to have any latrines provided for the same shut out by a sufficient roof and wall or
fence from the view of persons passing by or dwelling in the neighbourhood, or
(ii) to cleanse in such manner as the 1[Board] may specify in the notice any latrine or
urinal be longing to the land or building ;
(e) require any person being the owner and having the control of any drain in the cantonment
to provide, within ten days from the service of the notice, such covering as may be
specified in the notice.
138. Removal of congested buildings.‑(1) Where it appears to a 1[Board] that any block of
buildings in the cantonment is in an unhealthy condition by reason of the manner in which the
buildings are crowded to gether, or of the narrowness or closeness of the street, or of the want of
proper drainage or ventilation, or of the impracticability of cleansing the buildings or other similar
cause, it may cause the block to be inspected by a committee consisting of‑
(a) the Health Officer,
(b) the Civil Surgeon of the district, or, if his services are not available, some other medical
officer 2[in the service of the State],
(c) the Executive Engineer or a person deputed by the Executive Engineer in this behalf, and
3[(d) where the cantonment is a Class I or Class II can tonment, two non‑official members of
the Board, or where the cantonment is a Class III cantonment, one non‑official member
of the Board.]
(2) The committee shall make a report in writing to the 3[Board] regarding the sanitary condition
of the block, and if it considers that the condition thereof is likely to cause risk of disease to the
inhabitants of the building or of the neighbour hood or otherwise to endanger the public health, it shall
clearly indicate on a plan verified by the Executive Engineer or the person deputed by him to serve
on the committee, the buildings which should in its opinion wholly or in part be removed in order to
abate the unhealthy condition of the block.
(3) If, upon receipt of such report, the 2[Board] is of opinion that all or any buildings indicated
should be removed, it may, by notice in writing, require the owners thereof to remove them:
Provided that the 2[Board] shall make compensation to the owners for any buildings so removed
which may have been erected under proper authority:
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 The original words “of the Govt.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 and Sch. (with effect from the 23 rd March, 1956), to read as above.
3 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 39, for the original clause (d).
Page 71 of 129
Provided, further, that the 1[Board] may, if it considers it equitable in the circumstances so to do, pay to
the owners such sum as it thinks fit as compensation for any buildings so removed which have not been erected
under proper authority.
(4) For the purposes of this section “buildings” includes enclosure walls and fences appertaining to
buildings.
139. Overcrowding of dwelling houses.‑(1) Where it appears to a 1[Board] that any building or part of a
building in the cantonment which is used as a dwell ing house is so overcrowded as to endanger the health of the
inmates thereof, it may, after such inquiry as it thinks fit, by notice in writing require the owner or occupier of
the building or part thereof, as the case may be, within such time not being less than one month as may be
specified in the notice, to abate the over crowding of the same by reducing the number of lodgers, tenants, or
other inmates to such number as may be specified in the notice.
(2) Any person who fails, without reasonable cause, to comply with a requisition made upon him under
sub‑section (1) shall be punishable with fine which may extend to fifty rupees, and, in the case of a continuing
offence, to an additional fine which may extend to five rupees for every day after the first during which the
failure has continued.
140. Power to require repair or alteration of building.‑(1) Where any building in a cantonment is so ill
constructed or dilapidated as to be, in the opinion of the 1[Board], in an insanitary state, the 1[Board] may, by
notice in writing, require the owner, within such time as may be specified in the notice, to execute such repairs
or to make such alterations as it thinks necessary for the purpose of removing such defects.
(2) A copy of every notice issued under sub‑section (1) shall be conspicuously posted on the building to
which it relates.
(3) A notice issued under sub‑section (1) shall be deemed to have been complied with if the owner of the
building to which it relates has, instead of executing the repairs or making the alterations directed by the notice,
removed the building.
141. Power to require land or building to be cleansed.‑(1) The Executive Officer may, by notice in
writing, require the owner, lessee or occupier of any building or land in the cantonment, which appears to him
to be in a filthy or insanitary state, within twenty‑four hours to cleanse the same or otherwise put it in a proper
state, in such manner as may be specified in the notice.
(2) If, within three months from the date of the service of a notice under sub‑section (1), any building or
land in respect of which the notice was issued is again in a filthy or insanitary state, the owner, lessee or
occupier, as the case may be, shall be punishable with fine which may extend to two hundred rupees.
142. Power to order disuse of house. If a 1[Board] is satisfied that any building or part of a building in
the cantonment which is intended for or used as a dwelling place is unfit for human habitation, it may cause a
notice to be posted on some conspicuous part of the building prohibiting the owner or occupier thereof from
using the building or room for human
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 72 of 129
habitation, or allowing it to be so used, until it has been rendered fit for such use to the satisfaction of the
1[Board].
143. Removal of noxious vegetation. A 1[Board] may, by notice in writing, require the owner, lessee, or
occupier of any land in the cantonment to clear away and remove any thick or noxious vegetation or under
growth which appears to it to be injurious to health or offensive to persons residing in the neighbourhood.
144. Agriculture and Irrigation. Where, in the opinion of a 1[Board], the cultivation in the cantonment of
any description of crop or the use therein of any kind of manure or the irrigation of any land therein in any
specified manner is likely to be injurious to the health of persons dwelling in the neighbourhood, the 1[Board]
may, by public notice, prohibit such cultivation, use or irrigation after such date as may be specified in the
notice, or may, by a like notice, direct that it shall be carried out subject to such conditions as the 1[Board]
thinks fit:
Provided that if, when a notice is issued under this section, any land to which it relates has been lawfully
prepared for culti vation or any crop is sown therein or is standing thereon, the 1[Board] shall, if it directs that
the notice is to take effect on a date earlier than that by which the crop would ordinarily be sown or reaped, as
the case may be, make compensation to all persons interested in the land or crop for the loss, if any, incurred
by them respectively by reason of compliance with the notice.
Burial and Burning Grounds
145. Power to call for information regarding burial and burning grounds. A 1[Board] may, by notice
in writing, require the owner or person in charge of any burial or burning ground in the cantonment to supply
such information as may be specified in the notice concerning the condition, management or position of such
ground.
146. Permission for use of new burial or burning ground.‑(1) No place in a cantonment which has not
been used as a burial or burning ground before the commencement of this Act shall be so used without the
permission in writing of the 1[Board].
(2) Such permission may be granted subject to any condi tions which the 1[Board] thinks fit to impose for
the purpose of preventing annoyance to, or danger to the health of, persons residing in the neighbourhood.
147. Power to require closing of burial of burning ground.‑(1) Where a 1[Board], after making or
causing to be made local inquiry, is of opinion that any burial or burning ground in the cantonment has become
offensive to, or dangerous to the health of, persons living in the neighbourhood, it may, with the previous
sanction of the 2[Federal Government], by notice in writing, require the owner or person in charge of such
ground to close the same from such date as may be specified in the notice.
(2) Where the 2[Federal Government] sanctions the issue of any notice under sub‑section (1), it shall
declare the conditions on which the burial or burning ground may be re‑opened, and a copy of such declaration
shall be annexed to the notice.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
Page 73 of 129
(3) Where the 1[Federal Government] sanctions the issue of any such notice, it shall require a
new burial or burning ground to be provided at the expense of the cantonment fund, or, if the
community concerned is willing to provide a new burial or burn ing ground, the 1[Federal
Government] shall require a grant to be made from the cantonment fund towards the cost of the
same.
(4) No corpse shall be buried or burnt in any burial or burning ground in respect of which a notice
issued under this section is for the time being in force.
148. Exemption from operation of sections 145 to 147. The provisions of sections 145, 146 and
147 shall not apply in the case of any burial ground which is for the time being managed by or on
behalf of the Government.
149. Removal of corpses. A 2[Board] may, by public notice, prescribe routes in the cantonment
by which alone corpses may be removed to burial or burning grounds.
Prevention of Infectious or Contagious Diseases
150. Obligation to give information of infectious or contagious diseases. 3[Any person], being
in charge of, or in attendance, whether as a medical practitioner or otherwise, upon any person in a
cantonment whom he knows or has reason to believe to be suffering from a contagious or infectious
disease, or being the owner, lessee or occupier of any building in a cantonment in which he knows
that any such person is so suffering, shall, if he fails to give information, or if he gives false
information, to the 2[Board] respecting the existence of such disease, be punishable with fine which
may extend to one hundred rupees:
Provided that no person shall be punishable under this section for failure to give information if he
had reasonable cause to believe that the information had already been duly given:
Provided, further, that this section shall not apply in the case of venereal disease where the
person suffering therefrom is under specific and adequate medical treatment and is, by reason of his
habits and conditions of life and residence, unlikely to spread the disease.
151. Special measures in case of outbreak of infectious epidemic diseases.‑(1) In the event of
a cantonment being visited or threatened by an outbreak of any infectious or contagious disease
among the inhabitants thereof or of any epidemic disease among any animals therein, the
4[Competent Authority], if he thinks that the provisions of this Act or of any law for the time being in
force in the cantonment are insufficient for the purpose, may, with the previous sanction of the
1[Federal Government],
(a) take such special measures, and
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
3 Subs. by the Repealing and Amending Act, 1930 (8 of 1930), s. 2 and 1 st Sch., for “Whoever”.
4 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s.2, for “Officer CommandinginChief, the Command” which was previously amended by Act, 35 of 1926, s. 2, for
“Officer Commanding the District”.
Page 74 of 129
(b) by public notice, make such temporary regulations to be observed by the public or by any
class or section of the public,as he thinks necessary to prevent the outbreak or the spread
of the disease:
Provided that, where in the opinion of the 1[Competent Authority] immediate measures are
necessary, he may take action without such sanction as aforesaid and, if he does so, shall forthwith
report such action to the 2[Federal Government].
(2) Whoever commits a breach of any temporary regula tion made under sub‑section (1) shall be
deemed to have committed an offence under section 188 of the Pakistan Penal Code (XLV of 1860).
152. Power to require names of dairyman’s customers. Where it is certified to the Executive
Officer by a medical practitioner that the outbreak or spread of any infectious or contagious disease
in the cantonment is, in the opinion of such medical practitioner, attributable to the milk supplied by
any dairyman, the Executive Officer may, by notice in writing, require the dairyman, within such time
as may be specified in the notice, to furnish him with a full and complete list of the names and
addresses of all his customers within the cantonment, or to give him such information as will enable
him to trace the persons to whom the dairyman has sold milk.
153. Power to require names of a washerman’s customers. Where it is certified to the
Executive Officer by the Health Officer that it is desirable, with a view to prevent the spread of any
infectious or contagious disease in the cantonment, that the Health Officer should be furnished with a
list of the customers of any washerman, the Executive Officer may, by notice in writ ing, require the
washerman, within a time to be specified in the notice, to furnish the Health Officer with a full and
complete list of the names and addresses of all owners within the canton ment of clothes and other
articles which the washerman washes or has washed during the six weeks immediately preceding the
date of the notice.
154. Report after inspection of dairy or washerman’s place of business. Where, after
inspection, the Health Officer is of opinion that any infectious or contagious disease is caused or is
likely to arise in the cantonment from the consumption of the milk supplied from a dairy or from the
washing of clothes or other articles in any place, or from any process employed by a washer man, he
shall report the matter to the Executive Officer.
155. Action on report submitted by Health Officer. Upon receipt of a report submitted by the
Health Officer under section 154, the Executive Officer may, by notice in writing,‑
(a) prohibit the supply of milk from the dairy until the notice has been withdrawn ; or
(b) prohibit the washerman from washing clothes or other articles in any such place or by any
such pro cess as aforesaid until the notice has been withdrawn or unless he uses such place
in such manner, or washes by such process, as the Executive Officer may direct in the
notice.
156. Examination of milk or washed clothes. The Health Officer may take possession of any
milk, clothes or other articles which are or have recently been in the
1 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s.2, for “Officer CommandinginChief, the Command” which was previously amended by Act, 35 of 1926, s. 2, for
“Officer Commanding the District”.
2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”
Page 75 of 129
possession of any dairyman on whom a notice has been served under section 152, or of any clothes or
other articles which are or have recently been in the possession of any washerman, on whom a notice
has been served under section 153, and may subject the same or cause the same to be subjected to
such chemi cal or other process as he may think necessary ; and the 1[Board] shall pay from the
cantonment fund all the costs of the process and shall also pay to the owner of the milk, clothes or
2[other] articles such sum as compensation for any loss occasioned by such process as may appear to
it to be reasonable.
157. Contamination of public conveyance. Whoever in a cantonment___
(a) uses a public conveyance while suffering from an infectious or contagious disease, or
(b) uses a public conveyance for the carriage of a person who is suffering from any such
disease, or
(c) uses a public conveyance for the carriage of the corpse of a person who has died from any
such disease,
shall be bound to take proper precautions against the com munication of the disease to other
persons using or who may thereafter use the conveyance and to notify such use to the owner, driver
or person in charge of the conveyance, and further to report without delay to the Executive Officer
the num ber of the conveyance and the name of the person so notified.
158. Disinfection of public conveyance.‑(1) Where any person suffering from, or the corpse of
any person who has died from, an infectious or contagious disease has been carried in a public
conveyance which ordi narily plies in a cantonment, the driver thereof shall forthwith report the fact
to the Executive Officer who shall forthwith cause the conveyance to be disinfected if that has not
already been done.
(2) No such conveyance shall be brought again into use until the Executive Officer has granted a
certificate stating that it can be used without causing risk of infection.
159. Penalty for failure to report. Whoever fails to make to the Executive Officer any report
which he is required to make by section 157 or section 158, shall be punishable with fine which may
extend to one hundred rupees.
160. Driver of conveyance not bound to carry person suffering from infectious or contagious
diseases. Notwithstanding anything contained in any law for the time being in force, no owner, driver
or person in charge of a public conveyance shall be bound to convey or to allow to be conveyed in
such conveyance in or in the vicinity of a cantonment any person suffering from an infectious or
contagious disease or the corpse of any person who has died from such disease unless and until such
person pays or tenders a sum sufficient to cover any loss and expense which would ordinarily be
incurred in disinfecting the conveyance.
161. Disinfection of building or articles therein. Where a 1[Board] is, upon the advice of the
Health Officer, of opinion that the cleansing and disinfection of any building or
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. by the Repealing and Amending Act, 1930 (8 of 1930), s. 2 and 1 st Sch., for “their”.
Page 76 of 129
part of a building in the cantonment or of any arti cles in any such building or part which are likely to
retain infection, or the renewal of the flooring of any such building or part of such building, would
tend to prevent or check the spread of any infectious or contagious disease, he may, by notice in
writing, require the owner or occupier to cleanse and disinfect the said building, part or articles, as the
case may be, or to renew the said flooring, within such time as may be specified in the notice:
Provided that where, in the opinion of the 1[Board], the owner or occupier is from poverty or any
other cause unable effectually to carry out any such requisition, the 1[Board] may, at the expense of
the cantonment fund, cleanse and dis infect the building, part or articles, or, as the case may be, renew
the flooring.
(2) Where the President of a Board 2* * * is satisfied that the destruction of any hut or shed in
the cantonment is imme diately necessary for the purpose of preventing the spread of any infectious or
contagious disease, he may order the owner or occu pier of the hut or shed to destroy the same
forthwith, or may him self cause it to be destroyed after giving not less than two hours' notice to the
owner or occupier thereof.
(3) The 1[Board] shall pay compensation to the owner of any hut or shed destroyed under this
section.
163. Temporary shelter for inmates of disinfected or destroyed building or shed. The
1[Board] shall provide free of charge temporary shelter or house accommodation for the members of
any family in which an infectious or contagious disease has appeared who have been compelled to
leave their dwelling by reason of any proceedings taken under section 161 or section 162, and who
desire such shelter or accommodation as aforesaid to be provided for them.
164. Disinfection of building before letting the same.‑(1) Where in a cantonment any building
or part of a building is intended to be let in which any person has, within the six weeks immediately
preceding, been suffering from an infectious or contagious disease, the person letting the building or
part shall before doing so disinfect the same in such manner as the 3[Board] may, by public or special
notice, direct, together with all articles therein liable to retain infection.
(2) For the purposes of this section, the keeper of an hotel, lodging house or sarai shall be deemed
to let to any person who is admitted as a guest therein that part of the building in which such person is
permitted to reside.
165. Disposal of infected article without disinfection. No person shall, without previous
disinfection of the same, give, lend, sell, transmit or otherwise dispose of to another
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 The words “or, where there is no Board, the Officer Commanding the station,” omitted, ibid., s. 40.
3 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 77 of 129
person any article or thing which he knows or has reason to believe has been exposed to
contamination by any infectious or contagious disease and is likely to be used in, or taken into, a
cantonment.
166. Means of disinfection.‑(1) Every 1Board] shall‑
(a) provide proper places with necessary attendants and apparatus for the disinfection of
conveyances, clothing, bedding or other articles which have been exposed to infection ;
(b) cause conveyances, clothing or other articles brought for disinfection to be disinfected
either free of charge or on payment of such charges as it may fix.
(2) A 1[Board] may notify places at which articles of clothing, bedding, conveyances or other
articles which have been exposed to infection shall be washed, and, if it does so, no person shall wash
any such thing at any place not so notified without having previously disinfected such thing.
(3) The President of a Board 2* * * may direct the destruc tion of any clothing, bedding or other
article in the cantonment likely to retain infection, and may give such compensation as he thinks fit
for any article so destroyed.
167. Making or selling of food, etc. or washing clothes by infected person. Whoever, while
suffering from, or in circumstances in which he is likely to spread, any infectious or contagious
disease,‑
(a) makes, carries or offers for sale in a cantonment or takes any part in the business of
making, carrying or offering for sale therein any article of food or drink or any medicine
or drug for human consumption, or any article of clothing or bedding for personal use or
wear, or
(b) takes any part in the business of the washing or carrying of clothes,
shall be punishable with fine which may extend to one hundred rupees.
168. Power to restrict or prohibit sale of food or drink. When a cantonment is visited or
threatened by an outbreak of any infectious or contagious disease, the 1[Board] may, by public
notice, restrict in such manner or prohibit for such period, as may be specified in the notice, the sale
or preparation of any article of food or drink for human consumption specified in the notice or the
sale of any flesh of any description of animals so specified.
169. Control over wells, tanks, etc.‑(1) If a 1[Board] is of opinion that the water in any well,
tank or other place is likely, if used for drinking, to engender, or cause the spread of, any disease, it
may,‑
(a) by public notice, prohibit the removal or use of such water for drinking ;
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 The words “or, where there is no Board, the Officer Commanding the station,” rep., ibid., s. 41.
Page 78 of 129
(b) by notice in writing, require the owner or person having control of such well, tank or place
to take such steps as may be directed by the notice to pre vent the public from having
access to or using such water ; or
(c) take such other steps as it may consider expedient to prevent the outbreak or spread of
any such disease.
(2) In the event of a cantonment or any part of a canton ment being visited or threatened by an
outbreak of any infectious or contagious disease, the Health Officer or any person authorised by him
in this behalf may, without notice and at any time, inspect and disinfect any well, tank or other place
from which water is, or is likely to be, taken for the purposes of drinking, and may further take such
steps as he thinks fit to ensure the purity of the water or to prevent the use of the same for drinking
purposes.
170. Disposal of infectious corpse. Where any person has died in a cantonment from any
infectious or contagious disease, the Executive Officer may, by notice in writing,‑
(a) require any person having charge of the corpse to convey the same to a mortuary,
thereafter to be disposed of in accordance with law ; or
(b) prohibit the removal of the corpse from the place where death occurred except for the
purpose of being buried or burned or of being conveyed to a mortuary.
Hospitals and Dispensaries
171. Maintenance or aiding of hospitals or dispensaries.__(1) A 1[Board] may
(a) provide and maintain either within or without the cantonment as many hospitals and
dispensaries as it thinks fit ; or
(b) make, upon such terms as it thinks fit to impose, a grant‑in‑aid to any hospital or
dispensary 2[or veterinary hospital], whether within or without the cantonment, not
maintained by it.
(2) Every hospital or dispensary maintained or aided under sub‑section (1) shall have attached to
it a ward or wards for the treatment of persons suffering from infectious or contagious dis eases.
(3) A medical officer, appointed in such manner as the 3[Federal Government] may direct, shall
be in charge of every hospital or dispensary maintained or aided under this section.
172. Medical supplies, appliances, etc.__(1) Every hospital or dispensary maintained or aided
under section 171 shall be maintained in accordance with any general or special orders of the
4[Federal Government] 5* * * for the conduct of hospitals and dispensaries or
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Ins. ibid., s. 42.
3 Subs. by A.O., 1937, for “L.G”.
4 Subs. by F.A.O., 1975, Art. 2, and Table, for “Central Government” , which was previously amended by A.O., 1937, for “G.G. in C”.
5 The words “or the L.G.” rep., ibid.
Page 79 of 129
in accordance with the said orders modified in such manner as the 1[Federal Government] 2 * * *, 3* *
*thinks fit.
(2) The 4[Board] shall cause every such hospital or dis pensary to be provided with all requisite drugs,
instruments, apparatus, furniture and appliances and with sufficient costs, bedding and clothing for in‑patients.
173. Free patients. At every hospital or dispensary maintained or aided under section 171, the sick poor
of the cantonment and other inhabitants of the cantonment suffering from infectious or con tagious diseases, and,
with the sanction of the 4[Board], any other sick persons may receive medical 5[or surgical] treatment free of
cost, and, if treated as in‑patients, shall be either dieted gratuitously or, if the medical officer in charge so
directs, shall be granted subsistence allowance on such scale as the 4[Board] may fix:
Provided that the subsistence allowance shall not be less than the lowest allowance for the time being fixed
for the subsist ence of judgment debtors by the 6[Provincial Government] under section 57 of the Code of Civil
Procedure, 1908 (V of 1908).
174. Paying patients. Any sick person who is ineligible to receive medical 7[or surgical] treatment free of
cost in any hospital or dispensary under section 173 may be admitted to treatment therein upon such terms as
the 4[Board] thinks fit.
175. Power to order person to attend hospital or dispensary.‑(1) If the Health Officer or the medical
officer in charge of a hospital or dispensary maintained or aided under section 171 has reason to believe that
any person living in the cantonment is suffering from an infectious or contagious disease, he may, by notice in
writing, call upon such person to attend for examination at any such hospital or dispensary at such time as may
be specified in the notice and not to quit it without the per mission of the medical officer in charge ; and on the
arrival of such person at the hospital or dispensary, the medical officer in charge thereof may examine him for
the purpose of satisfying him self whether or not such person is suffering from an infectious or contagious
disease:
Provided that, if, having regard to the nature of the disease or the condition of the person suffering
therefrom, or the general environment and circumstances of such person, the Health Officer or medical officer,
as the case may be, considers that the attend ance of such person at a hospital or dispensary is likely to prove
unnecessary or inexpedient, he shall examine such person at such person's own residence.
(2) If any person on examination under sub‑section (1), is found to be suffering from an infectious or
contagious disease, the Health Officer or medical officer, as the case may be, may cause him to be detained in
hospital until he is free from the infection or contagion :
Provided that, if having regard to the nature of the disease or the condition of the person suffering
therefrom, or the general environment and circumstances of such person,
1 Subs. by F.A.O., 1975, Art. 2, and Table, for “Central Government” , which was previously amended by A.O., 1937, for “G.G. in C”.
2 The words “or the L.G.” rep., ibid.
3 The words “as the case may be” rep., ibid.
4 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
5 Ins. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 43.
6 Subs. by A.O., 1937, for “L.G”.
7 Ins. by Act 24 of 1936, s. 44.
Page 80 of 129
that the detention of such person at a hospital or dispensary is un necessary or inexpedient, he shall discharge
such person and take such measures or give such directions in the matter as he thinks necessary.
176. Power to exclude from cantonment persons refusing to attend hospital or dispensary.‑(1) If the
Health Officer or the medical officer in charge of a hospital or dispensary maintained or aided under section
171 reports in writing to the1[Officer Commanding the station] that any person having received a notice under
section 175 has refused or omitted to attend at the hospital or dispensary, specified in the notice, or that such
person, having attended the hospital or dispensary, has quitted it without the permission of such medical officer,
or that any person has failed to comply with any direction given to him under section 175, the 1[Officer Com
manding the station] may, by order in writing, direct such person to remove from the cantonment within
twenty‑four hours and not to re‑enter it without his permission in writing.
(2) No person who has under sub‑section (1) been ordered to remove from and not to re‑enter a cantonment
shall enter any other cantonment in 2[Pakistan] without the written per mission of the 3[Officer Commanding the
station].
Control of Traffic for Hygienic Purposes
177. Routes for pilgrims and others.‑(1) A 4[Board] may provide or prescribe suitable routes for the use
of persons passing through the cantonment‑
(a) on their way to or from fairs or places of pilgrimage or other places of public resort ; or
(b) during times when an infectious or contagious disease is prevalent ;
and may, by public notice, require such persons as aforesaid to use such routes and no others.
(2) All routes provided or prescribed under sub‑section (1) shall be clearly and sufficiently indicated by
the 4[Board].
Special Conditions regarding Essential Services
178. Conditions of service of sweepers.‑(1) Whoever, being a sweeper employed by a 5[Board] in the
absence of a written contract authorising him so to do and without reasonable cause, resigns his employment or
absents himself from his duty without having given one month's notice to the 5[Board], or neglects or refuses to
perform his duties, or any of them, shall be punishable with imprisonment which may extend to one month.
1 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 14 for “Commanding Officer of the cantonment”.
2 Subs. by the Central Laws (Statue Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch. (with effect from the 14 th October, 1955 ), for “the Provinces and the Capital of the
Federation” which had been subs. by A.O., 1949, for “British India”.
3 Subs. by Act 7 of 1925, s. 8, for “Commanding Officer of that cantonment”.
4 Subs. by the Cantonment (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
5 Subs. by the Cantonment (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
6 Subs. by F.A.O., 1975, Art. 2, and Table, for “Central Government” which was amended by A.O., 1937, for “L.G”.
7 Subs. ibid., for “local official Gazette”.
Page 81 of 129
section shall apply in the case of any specified class of servants employed by a 1[Board] whose
functions intimately concern the public health or safety.
(3) For the purpose of this section, “sweeper” includes any menial servant employed by a
1[Board] in the removal or disposal of filth or rubbish.
______
CHAPTER XI
CONTROL OVER BUILDINGS, STREETS, BOUNDARIES, TREES, ETC.
Buildings
2[178A. Sanction for building. No person shall erect or re‑erect a building on any land in a
cantonment, except with the previous sanction of the Board, nor otherwise than in accordance with
the provisions of this Chapter and of the rules and bye‑laws made under this Act relating to the
erection and re‑erection of buildings.]
179. Notice of new buildings.‑(1) Whoever intends to erect or re‑erect any building in a
cantonment shall 3[apply for sanction by giving notice] in writing of his intention to the 1[Board].
(2) For the purposes of this Act, a person shall be deemed to erect or re‑erect a building who‑
(a) makes any material alteration or enlargement of any building, or
(b) converts into a place for human habitation any building not originally constructed for that
pur pose, or
(c) converts into more than one place for human habi tation a building originally constructed
as one such place, or
(d) converts two or more places of human habitation into a greater number of such places, or
(e) converts into a stable, cattle‑shed or cowhouse any building originally constructed for
human habi tation, or
(f) makes any alteration which there is reason to believe is likely to affect prejudicially the
stability or safety of any building or the condition of any building in respect of drainage,
sanitation or hygiene, or
(g) makes any alteration to any building which in creases or diminishes the height of, or area
covered by, or the cubic capacity of, the building or which reduces the cubic capacity of
any room in the build ing below the minimum prescribed by any bye‑law made under this
Act.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 S. 178A ins. by Act 24 of 1936, s. 45.
3 Subs. ibid., s. 46, for “give notice”.
Page 82 of 129
180. Conditions of valid notice.‑(1) A person giving the notice required by section 179 shall
specify the purpose for which it is intended to use the building to which such notice relates.
(2) No notice shall be valid until the information required under sub‑section (1) and any further
information and plans which may be required under bye‑laws made under this Act have been
furnished to the satisfaction of the 1[Board] alongwith the notice.
181. Power of Board to sanction or refuse. The 1[Board] may either refuse to sanction the
erection or re‑erection, as the case may be, of the building, or may sanction it either absolutely or
subject to such directions as it thinks fit to make in writing in respect of all or any of the following
matters, namely :‑
(a) the free passage or way to be left in front of the building ;
(b) the space to be left about the building to secure free circulation of air and facilitate
scavenging and the prevention of fire ;
(c) the ventilation of the building, the minimum cubic area of the rooms and the number and
height of the storeys of which the building may consist ;
(d) the provision and position of drains, latrines, uri nals, cesspools or other receptacles for
filth ;
(e) the level and width of the foundation, the level of the lowest floor and the stability of the
structure ;
(f) the line of frontage with neighbouring buildings if the building abuts on a street ;
(g) the means to be provided for egress from the building in case of fire ;
(h) the materials and method of construction to be used for external and party walls for
rooms, floors, fire places and chimneys ;
(i) the height and slope of the roof above the upper most floor upon which human beings are
to live or cooking operations are to be carried on ; and
(j) any other matter affecting the ventilation and sani tation of the buildings ;
and the person erecting or re‑erecting the building shall obey all such written directions in every
particular.
2[(2) The Board may refuse to sanction the erection or re‑erection of any building, either on
grounds sufficient in the opinion of the Board affecting the particular building, or in pursuance of a
general scheme sanctioned by the3[Competent Authority], restricting the erection or re‑erection of
buildings within specified limits for the preven tion of
1 Subs. by the Cantonment (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subsections (2) to (6) were subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 47, for the original subsections (2), (3) and (4).
3 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”.
Page 83 of 129
over‑crowding or in the interests of persons residing within such limits or for any other public
purpose.
(3) The Board before sanctioning the erection or re erection of a building on land which is under
the management of the Military Estates Officer, shall refer the application to the Military Estates
Officer for ascertaining whether there is any objection on the part of Government to such erection or
re erection ; and the Military Estates Officer shall return the appli cation together with his report
thereon to the Board within thirty days after it has been received by him.
(4) The Board may refuse to sanction the erection or re erection of any building‑
(a) when the land on which it is proposed to erect or re‑erect the building is held on a lease
1[from the Government], if the erection or re‑erection consti tutes a breach of the terms of
the lease, or
(b) when the land on which it is proposed to erect or re‑erect the building is not held on a
lease 1[from the Government], if the right to build on such land is in dispute between the
person applying for sanction and the Government.
(5) If the Board decides to refuse to sanction the erection or re‑erection of the building, it shall
communicate in writing the reasons for such refusal to the person by whom notice was given.
(6) Where the Board neglects or omits, for one month after the receipt of a valid notice, to make
and to deliver to the person who has given the notice any order of any nature speci fied in this section,
and such person thereafter by a written com munication sent by registered post to the Board calls the
atten tion of the Board to the neglect or omission, then, if such neg lect or omission continues for a
further period of fifteen days from the date of such communication the Board shall be deemed to
have given sanction to the erection or re‑erection, as the case may be, unconditionally:
Provided that, in any case to which the provisions of sub‑section (3) apply, the period of one
month herein specified shall be reckoned from the date on which the Board has re ceived the report
referred to in that sub‑section.]
182. Compensation.‑(1) No compensation shall be claimable by any person for any damage or
loss which he may sustain in conse quence of the refusal of the 2[Board] of sanction to the erection of
any building or in respect of any direction issued by it under sub‑section (1) of section 181.
(2) The 2[Board] shall make compensation to the owner of any building for any actual damage or
loss sustained by him in consequence of the prohibition of there‑erection of any build ing or of its
requiring any land belonging to him to be added to the street:
Provided that the 2[Board] shall not be liable to make any compensation in respect of the
prohibition of the re‑erection of
1 The original words “from Govt.” were first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23 rd March, 1956), to read as above.
2 Subs. by the Cantonment (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 84 of 129
any building which for a period of three years or more imme diately preceding such refusal has not
been in existence or has been unfit for human habitation.
183. Lapse of sanction. Every sanction for the erection or re‑erection of a building given or
deemed to have been given by the 1[Board] as hereinbefore provided shall be available for one year
from the date on which it is given, and, if the building so sanctioned is not begun by the person who
has obtained the sanction or some one lawfully claiming under him within that period, it shall not
thereafter be begun 2[unless the Board on application made therefor has allowed an extension of that
period.]
3[183A. Period for Completion of building. A Board, when sanctioning the erection or re
erection of a building as hereinbefore provided, shall specify a reasonable period after the work has
commenced within which the erection or re‑erection is to be completed, and, if the erec tion or
re‑erection is not completed within the period so fixed, it shall not be continued thereafter without
fresh sanction obtained in the manner hereinbefore provided, unless the Board on application made
therefor has allowed an extension of that period:
Provided that not more than two such extensions shall be allowed by the Board in any case.]
184. Illegal erection and reerection. Whoever begins, continues or completes the erection or
re‑erection of a building‑
(a) without having given a valid notice as required by sections 179 and 180, or before the
building has been sanctioned or is deemed to have been sanctioned, or
(b) without complying with any direction made under sub‑section (1) of section 181, or
(c) when sanction has been refused, or has ceased to be available, 4[or has been suspended by
the 5[Competent Authority], under clause (b) of sub‑section (1) of section 52],
shall be punishable with fine which may extend to five hundred rupees.
185. Power to stop erection or reerection or to demolish.‑6[(1)] A 7[Board] may, at any time,
by notice in writing, direct the owner, lessee or occupier of any land in the cantonment to stop the
erection or re‑erection of a building in any case in which the 1[Board] considers that such erection or
re‑erection is an offence under section 184, and may in any such case 8[or in any other case in which
the Board considers that the erection or re‑erection of a building is an offence under section 184,
within 9[twelve months] of the completion of
1 Subs. by the Cantonment (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. ibid., s. 48, for “without fresh sanction obtained in the manner hereinbefore provided”.
3 S. 183A ins. ibid., s. 49.
4 Ins. ibid., s. 50.
5 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Office CommandinginChief, the Command”.
6 The original section 185 was renumbered as subsection (1) of that section, by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 51.
7 Subs. ibid., s. 69, for “Cantonment Authority”.
8 Added ibid. s. 51.
9 Subs. by the Cantonments (Amdt.) Act, 1952 (22 of 1952), s. 2, for “six months”.
Page 85 of 129
such erection or re‑erection] in like manner direct the alteration or demolition, as it thinks necessary,
of the building, or any part thereof, so erected or re‑erected:
Provided that the 1[Board] may, instead of requiring the alteration or demolition of any such
building or part thereof, accept by way of composition such sum as it thinks reasonable:
2[Provided further that the Board shall not, without the previous concurrence of the 3[Competent
Authority], accept any sum by way of composition under the foregoing proviso in respect of any
building on land which is not under the management of the Board.]
2[(2) A Board shall by notice in writing direct the owner, lessee or occupier of any land in the
cantonment to stop the erec tion or re‑erection of a building in any case in which the order under
section 181 sanctioning the erection or re‑erection has been suspended by the Officer
Commanding‑in‑Chief, the Command, under clause (b) of sub‑section (1) of section 52, and shall in
any such case in like manner direct the demolition or alteration, as the case may be, of the building or
any part thereof so erected or re‑erected where the 3[Competent Authority], thereafter directs that
the order of the Board sanctioning the erection or re‑erection of the building shall not be carried into
effect or shall be carried into effect with modifications specified by him:
Provided that the Board shall pay to the owner of the building compensation for any loss actually
incurred by him in consequence of the demolition or alteration of any building which has been
erected or re‑erected prior to the date on which the order of the Officer Commanding‑in‑Chief, the
Command, has been communicated to him.]
186. Power to make byelaws. A 4[Board] may make bye‑laws prescribing
(a) the manner in which notice of the intention to erect or re‑erect a building in the
cantonment shall be given to the 4[Board] and the information and plans to be furnished
with the notice ;
(b) the type or description of buildings which may or may not, and the purpose for which a
building may or may not, be erected or re‑erected 5[in the canton ment or any part thereof
];
(c) the minimum cubic capacity of any room or rooms in a building which is to be erected or
re‑erected ;6*
(d) the fees payable on provision by the 4[Board] of plans or specifications of the type of
buildings which may be erected in the cantonment or any part thereof ;
7[(e) the circumstances in which a mosque, temple or church or other sacred building may be
erected or re‑erected ; and
1 Subs. ibid., s. 69, for “Cantonment Authority”.
2 Added ibid. s. 51.
3 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”.
4 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
5 Subs. by the Cantonments (Amdt.) Act, 1940 (31 of 1940), s. 6, for “in any specified area or area”.
6 The word “and” rep. by Act 24 of 1936, s. 52.
7 Cls. (e) and (f) ins. ibid.
Page 86 of 129
(f) with reference to the erection or re‑erection of build ings, or of any class of building, all or
any of the following matters, namely :‑
(i) the line of frontage where the building abuts on a street ;
(ii) the space to be left about the building to secure free circulation of air and facilities
for scavenging and for the prevention of fire ;
(iii) the materials and method of construction to be used for external and party‑walls,
roofs and floors ;
(iv) the position, the material and the method of construction of fire‑places, chimneys,
drains, latrines, privies, urinals and cesspools ;
(v) height and slope of the roof above the uppermost floor upon which human beings are
to live or cooking operations are to be carried on ;
(vi) the level and width of the foundation, the level of the lowest floor and the stability
of the structure ;
(vii) the number and height of the storeys of which the building may consist ;
(viii) the means to be provided for egress from the building in case of fire ;
(ix) the safeguarding of wells from pollution ; or
(x) the materials and method of construction to be used for godowns intended for the
storage of foodgrains in excess of fifty maunds in order to render them rat proof.]
187. Projections and obstructions.‑(1) No owner or occupier of any building in a canton ment
shall, without the permission in writing of the 1[Board], add to or place against or in front of the
building any projection or structure overhanging, projecting into, or encroaching on, any street or any
drain, sewer or aqueduct therein.
(2) The 1[Board] may, by notice in writing, require the owner or occupier of any such building to
alter or remove any such projection or encroachment as aforesaid:
Provided that, in the case of any projection or encroachment lawfully in existence at the
commencement of this Act, the 1[Board] shall make compensation for any damage caused by the
removal or alteration.
(3) The 1[Board] may, by order in writing, give permission to the owners or occupiers of buildings
in any particular street to put up open verandahs, balconies or rooms projecting from any upper
storey thereof to an extent beyond the line of the plinth or basement wall at such height from the
level ground or street as may be specified in the order.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 87 of 129
188. Unauthorized buildings over drains, etc. A 1[Board] may, by notice in writing, require any per son
who has, without its permission in writing, newly erected or re‑erected any 2[structure] over any public sewer,
drain, culvert, water‑course or water‑pipe in the cantonment to pull down or otherwise deal with the same as it
thinks fit.
189. Drainage and sewer connections.‑(1) A 1[Board] may, by notice in writing, require the owner or
lessee of any building or land in any street, at his own expense and in such manner as the 2[Board] thinks fit, to
put up and keep in good condition proper troughs and pipes for receiving and carrying rain water from the
building or land and for discharging the same or to establish and maintain any other connection or
communication between such building or land and any drain or sewer.
(2) For the purpose of efficiently draining any building or land in the cantonment, the 2[Board] may, by
notice in writing, require the owner or lessee of the building or land
(a) to pave, with such materials and in such manner as it thinks fit, any courtyard, alley or passage
between two or more buildings, or
(b) to keep any such paving in proper repair.
190. Power to attach brackets for lamps. A 1[Board] may attach to the outside of any building, or to any
tree in the cantonment, brackets for lamps in such manner as not to occasion injury thereto or inconvenience.
Streets
191. Temporary occupation of street, land, etc. A 1[Board] may, by order in writing, permit the tem
porary occupation of any street, or of any land vested in the 1[Board], for the purpose of depositing any
building materials or making any temporary excavation therein or erection thereon, subject to such conditions
as it may prescribe for the safety or convenience of the public, and may charge a fee for such permis sion and
may in its discretion withdraw such permission.
192. Closing and opening of streets.‑(1) A 1[Board] shall not permanently close any street or open any
new street without the previous sanction of the 3[Competent Authority].
(2) A 1[Board] may, by public notice, temporarily close any street or any part of a street for repair or for
the purpose of carrying out any work connected with drainage, water‑supply or lighting or any other work which
it is by or under this Act re quired or permitted to carry out:
Provided that where, owing to any works or repairs or from any other cause, the condition of any street or
of any water works, drain, culvert or premises vested in the 1[Board], is such as to be likely to cause danger to
the public, the 1[Board] shall‑
(a) take all reasonable means for the protection of the adjacent buildings and land and provide
reasonable means of access thereto ;
1 Subs. by the Cantonments (Amdt.) Act, 1940 (31 of 1940), s. 7, for “building”.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
3 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), for “Officer CommandinginChief, the Command” which was previously amended by Act 35 of 1926, s. 2, for
“Officer Commanding the District”.
Page 88 of 129
(b) cause sufficient barriers or fences to be erected for the security of life and property, and
cause such barriers or fences to be sufficiently lighted from sunset to sunrise.
193. Names of streets and numbers of buildings.__(1) A 1[Board] may cause a name to be given
to any street and to be affixed on any building in the cantonment in such place as it thinks fit, and
may also cause a number to be affixed to any such building.
(2) Whoever destroys, pulls down, defaces or alters any such name or number or puts up any
name or number differing from that put up by the order of the 1[Board] shall be punishable with fine
which may extend to twenty rupees.
2[(3) When a number has been affixed to any building under sub‑section (1), the owner of the
building shall maintain the number in order, and shall replace it if removed or defaced, and if he fails
to do so the Board may by notice in writing require him to replace it.]
Boundaries and Trees
194. Boundary walls hedges and fences.__(1) No boundary wall, hedge or fence of any material
or description shall be erected in a cantonment without the per mission in writing of the 1[Board].
(2) A 1[Board] may, by notice in writing, require the owner or lessee of any land in the
cantonment__
(a) to remove from the land any boundary wall, hedge or fence which is, in its opinion
unsuitable, unsightly or otherwise objectionable ; or
(b) to construct on the land sufficient boundary walls, hedges or fences of such material,
description or dimensions as may be specified in the notice ; or
(c) to maintain the boundary walls, hedges or fences of such lands in good order:
Provided that, in the case of any such boundary wall, hedge or fence which was erected with the
consent or under the orders of the 1[Board], or which was in existence at the com mencement of this
Act, the 1[Board] shall make compensation for any damage caused by the removal thereof.
(3) The 1[Board] may, by notice in writing, require the owner, lessee or occupier of any such land
to cut or trim any hedge on the land in such manner and within such time as may be specified in the
notice.
195. Felling, lopping and trimming of trees.‑(1) Where, in the opinion of a 3[Board], the felling
of any tree of mature growth standing in a private enclosure in the cantonment is necessary for any
reason, the 1[Board] may, by notice in writing, require the owner, lessee or occupier of the land to fell
the tree within such time as may be specified in the notice.
1 Subs. by the Cantonment (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subsection (3) ins. ibid., s. 53.
3 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 89 of 129
(2) A 1[Board] may
(a) cause to be lopped or trimmed any tree standing on land in the cantonment which belongs
to 2[the Government]; or
(b) by public notice require all owners, lessees or occupiers of land in the cantonment, or by
notice in writing require the owner, lessee or occupier of any such land, to lop or trim, in
such manner as may be specified in the notice, all or any trees stand ing on such land or to
remove any dead trees from such land.
196. Digging of public land. Whoever, without the permission in writing of the 1[Board], digs up
the surface of any open space in the canton ment, which is not private property, shall be punishable
with fine which may extend to twenty rupees, and, in the case of a continuing offence, 3[with an
additional fine] which may extend to five rupees for every day after the first during which the offence
continues.
197. Improper use of land.‑(1) If, in the opinion of a 1[Board], the working of a quarry in the
cantonment, or the removal of stone, earth or other material from the soil in any place in the
cantonment, is dan gerous to persons residing in or frequenting the neighbourhood of such quarry or
place, or creates, or is likely to create, a nuis ance, the 1[Board] may, by notice in writing, prohibit the
owner, lessee or occupier of such quarry or place or the person respons ible for such 4[working] or
removal, from continuing or permitting the working of such quarry or the moving of such material, or
require him to take such steps in the matter as the 1[Board] may direct for the purpose of preventing
danger or abating the nuis ance arising or likely to arise therefrom.
(2) If, in any case referred to in sub‑section (1), the 1[Board] is of opinion that such a course is
necessary in order to prevent imminent danger, it may, by order in writing, require a proper hoarding
or fence to be put up for the protection of passers‑by.
________
CHAPTER XII
MARKETS, SLAUGHTERHOUSES, TRADES AND OCCUPATIONS
198. Public markets and slaughterhouses.‑(1) A 1[Board] may provide and maintain, either
within or without the cantonment, public markets and public slaughter‑houses, to such number as it
thinks fit, together with stalls, shops, sheds, pens and other buildings or conveniences for the use of
persons carrying on trade or business in or frequenting such markets or slaughter‑houses, and may
provide and main tain in any such market buildings, places, machines, weights, scales and measures
for the weighment or measurement of goods sold therein.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonments Authority”.
2 The original word “Govt.” was first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23 rd March, 1956), to read as above.
3 Subs. by the Repealing and Amending Act, 1930 (8 of 1930), s. 2 and 1 st Sch., for “to an additional fine”.
4 Subs. ibid., for “making”.
Page 90 of 129
(2) When such market or slaughter‑house is situated be yond cantonment limits, the 1[Board] shall
have the same power for the inspection and proper regulation of the same as if it were situated within
those limits.
(3) The 1[Board] may at any time, by public notice, close any public market or public
slaughter‑house or any part thereof.
(4) Nothing in this section shall be deemed to authorise the establishment of a public market or
public slaughter‑house within the limits of any area administered by any local authority other than the
1[Board] without the permission of such local authority or otherwise than on such conditions as such
local authority may approve.
199. Use of public markets.‑(1) No person shall, without the general or special permission in
writing of the 1[Board], sell or expose for sale any animal or article in any public market.
(2) Any person contravening the provisions of this section, and any animal or article exposed for
sale by such person, may be summarily removed from the market by or under the orders of the
Executive Officer or any officer or servant of the 1[Board] authorised by it in this behalf.
200. Levy of stallages, rents and fees. A 1[Board] may
(a) charge for the occupation or use of any stall, shop, standing, shed or pen in a public
market, or public slaughter‑house, or for the right to expose goods for sale in a public
market, or for weighing or measuring goods sold therein, or for the right to slaughter
animals in any public slaughter‑house, such stal lages, rents and fees as it thinks fit ; or
(b) with the sanction of the 2[Competent Authority], farm the stallages, rents and fees
leviable as aforesaid or any portion thereof for any period not exceeding one year at a
time ; or
(c) put up to public auction, or with the sanction of the 2[Competent Authority], dispose of by
private sale, the privilege of occupying or using any stall, shop, standing, shed or pen in a
public market or public slaughter‑house for such term and on such conditions as it thinks
fit.
201. Stallages, rents, etc., to be published. A copy of the table of stallages, rents and fees, if
any, leviable in any public market or public slaughter‑house, and of the bye‑laws made under this Act
for the purpose of regulating the use of such market or slaughter‑house, printed in the English
language and in such other language or languages as the 1[Board] may direct, shall be affixed in some
conspicuous place in the market or slaughter‑house.
202. Private markets and slaughterhouses.‑(1) No place in a cantonment other than a public
market shall be used as a market, and no place in a cantonment other than a
[1] Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
[2] Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command” which was previously amended by Act 35 of 1926, s. 2,
for “Officer Commanding the District”.
Page 91 of 129
public slaughter‑house shall be used as a slaughter house, unless such place has been licensed as a
market or slaughter house, as the case may be, by the 1[Board]:
Provided that nothing in this sub‑section shall apply in the case of a slaughter‑house established
and maintained by the Government.
(2) Nothing in sub‑section (1) shall be deemed‑
(a) to restrict the slaughter of any animal in any place on the occasion of any festival or
ceremony, subject to such conditions as to prior or subsequent notice as the Executive
Officer with the previous sanction of the District Magistrate may, by public or special
notice, impose in this behalf, or
(b) to prevent the Executive Officer, with the sanction of the 1[Board], from setting apart
places for the slaugh ter of animals in accordance with religious custom, when such
animals are slaughtered for consumption by the troops or for the purpose of the sale of
the flesh thereof to the troops.
(3) Whoever omits to comply with any condition imposed by the Executive Officer under clause
(a) of sub‑section (2) shall be punishable with fine which may extend to fifty rupees and, in the case
of a continuing offence, with an additional fine which may extend to ten rupees for every day after
the first during which the offence is continued.
203. Conditions of grant of license for private market or slaughterhouse.‑(1) A 1[Board]
may charge such fees as it thinks fit to impose for the grant of a licence to any person to open a
private market or private slaughter‑house in the cantonment, and may grant such licence subject to
such conditions, consistent with this Act and any bye‑laws made thereunder, as it thinks fit to impose.
(2) The 1[Board] may refuse to grant any such licence with out giving reasons for such refusal.
204. Penalty for keeping market or slaughterhouse open without licence, etc.‑(1) Any
person who keeps open for public use any market or slaughter‑house in respect of which a licence is
required by or under this Act, without obtaining licence therefor, or while the licence therefor is
suspended, or after the same has been can celled, shall be punishable with fine which may extend to
fifty rupees and, in the case of a continuing offence, with an additional fine which may extend to five
rupees for every day after the first during which the offence is continued.
(2) When a licence to open a private market or private slaughter‑house is granted or refused or is
suspended or cancelled, the 1[Board] shall cause a notice of the grant, refusal, suspension or
cancellation to be posted in English, and in such other language or languages as it thinks necessary, in
some conspicuous place by or near the entrance to the place to which the notice relates.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
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205. Penalty for using unlicensed market or slaughterhouse. Whoever, knowing that any
market or slaughter house has been opened to the public without a licence having been obtained
therefor when such licence is required by or under this Act, or that the licence granted therefor is for
the time being sus pended or that it has been cancelled, sells or exposes for sale any article in such
market, or slaughters any animal in such slaughter house, shall be punishable with fine which may
extend to fifty rupees and, in the case of a continuing offence, with an additional fine which may
extend to five rupees for every day after the first during which the offence is continued.
206. Prohibition and restriction of use of slaughterhouse.‑(1) Where, in the opinion of the
1[Board], it is neces sary on sanitary grounds so to do, it may, by public notice, prohibit for such
period, not exceeding one month, as may be specified in the notice, or for such further period, not
exceeding one month, as it may specify by a like notice, the use of any private slaughter house
specified in the notice, or the slaughter therein of any animal of any description so specified.
(2) A copy of every notice issued under subsection (1) shall be conspicuously posted in the
slaughterhouse to which it relates.
207. Power to inspect slaughterhouses.‑(1) Any servant of a 1[Board], authorised by order in
writing in this behalf by the President of the Board 3* * or the Health Officer, may, if he has reason to
believe that any animal has been, is being, or is about to be slaughtered in any place in con travention
of the provisions of this Chapter, enter into and inspect any such place at any time, whether by day or
by night.
(2) Every such order shall specify the place to be entered and the locality in which the same is
situated and the period, which shall not exceed seven days, for which the order is to remain in force.
208. Power to make byelaws. A 1[Board] may, with the approval of the 3[Federal Government],
make bye‑laws consistent with this Act to provide for all or any of the following matters, namely :
(a) the days on, and the hours during, which any private market or private slaughter‑house
may be kept open for use ;
(b) the regulation of the design, ventilation and drainage of such markets and
slaughter‑houses, and the mat erial to be used in the construction thereof ;
(c) the keeping of such markets and slaughter‑houses and lands and buildings appertaining
thereto in a clean and sanitary condition, the removal of filth and refuse therefrom, and
the supply therein of pure water and of a sufficient number of latrines and urinals for the
use of persons using or frequenting the same ;
(d) the manner in which animals shall be stalled at a slaughter‑house ;
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 The words “if any” omitted ibid., s. 54.
3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937 for “L.G”.
Page 93 of 129
(e) the manner in which animals may be slaughtered ;
(f) the disposal or destruction of animals offered for slaughter which are, from disease or any other
cause, unfit for human consumption ; and
(g) the destruction of carcases which from disease or any other cause are found after slaughter to be
unfit for human consumption.
Trades and Occupations
209. Provisions of washing places.‑(1) A 1[Board] may provide suitable places for the exercise by
washermen of their calling, and may require payment of such fees for the use thereof as it thinks fit.
(2) Where the 1[Board] has provided such places as afore said it may, by public notice, prohibit the
washing of clothes by washermen at any other place in the cantonment:
Provided that such prohibition shall not be deemed to apply to the washing by a washerman of his own
clothes or of the clothes of any other person who is an occupier of the place at which they are washed.
(3) Whoever contravenes any prohibition contained in a notice issued under sub‑section (2) shall be
punishable with fine which may extend to twenty rupees.
210. Licences required for carrying on of certain occupations.‑(1) No person of any of the following
classes, namely :‑
(a) butchers and vendors of poultry, game or fish ;
(b) persons keeping pigs for profit, and dealers in the flesh of pigs which have been slaughtered in
1[Pakis tan] ;
(c) persons keeping milch cattle or milch goats for profit ;
(d) persons keeping for profit any animals other than pigs, milch cattle or milch goats ;
(e) dairymen, buttermen and makers and vendors of ghee;
(f) makers of bread, biscuits or cake, and vendors of bread, biscuits or cake made in 3[Pakistan];
(g) vendors of fruit or vegetables ;
(h) manufacturers of aerated or other potable waters or of ice or ice‑cream, and vendors of the same ;
4(i) vendors of any medicines, drugs or articles of food or drink, for human consumption (other than
the flesh of pigs, milk, butter, bread, biscuits, cake, fruit, vegetables, aerated or other potable
waters or ice or ice‑cream) which are of a perishable nature ;
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. by A.O., 1949, for “India”.
3 Subs. by A.O., 1949, for “India”.
4 The original cls. (j) to (r) were relettered (i) to (q) by the Repealing and Amending Act, 1934 (24 of 1934), s. 2 and 1st Sch.
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2 (j) vendors of water to be used for drinking purposes ;
2 (k) washermen ;
2 (1) dealers in hay, straw, wood, charcoal or other inflam mable material ;`
2 (m) dealers in fire‑works, kerosene oil, petroleum or any other inflammable oil or spirit ;
2 (n) tanners and dyers ;
2 (o) persons carrying on any trade or occupation from which offensive or unwholesome smells arise ;
2 (p) vendors of wheat, rice and other grain or of flour ;1 *
2 (q) makers and vendors of sugar or sweetmeats ; 2 [and
(r) barbers and keepers of shaving saloons ;]
shall carry on his trade, calling or occupation in any part of a cantonment unless he has applied for and obtained a licence in
this behalf from the 3 [Board].
(2) A licence granted under sub‑section (1) shall be valid 4 [until the end of the year in which it is issued] and the grant
of such licence shall not be withheld by the 3 [Board] unless it has reason to believe that the business which it is intended to
establish or maintain would be offensive or dangerous to the public.
(3) Notwithstanding anything contained in sub‑section (1),‑
(a) no person who was, at the commencement of this Act, carrying on his trade, calling or occupation in any part
of a cantonment shall be bound to apply for a licence for carrying on such trade or occupation in that part
until he has received from the 3 [Board] not less than three months’ notice in writing of his obliga tion to do
so, and if the 3 [Board] refuses to grant him a licence, it shall pay compensation for any loss, incurred by
reason of such refusal ;
(b) no person shall be required to take out a licence for the sale or storage of petroleum or for the sale or
possession for sale of poisons or white arsenic in any case in which he is required to take out a licence for
such sale, storage or possession for sale by or under the 6 [Petroleum Act, 1934 (XXX of 1934)], or the
Poisons Act, 1919 (XII of 1919).
211. Conditions which may be attached to licences. A licence granted to any person under section 210 shall specify
the part of the cantonment which the licensee may carry on his trade, calling or occupation, and may regulate the hours and
manner of transport within the cantonment of any specified articles intended for human consumption, and may con tain
1 The word “and” omitted by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 55.
2 Ins. ibid.
3 Subs. ibid., s. 69 for “Cantonment Authority”.
4 Subs. ibid., s. 55, for “for one year”.
5 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
6 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II, for “Indian Petroleum Act, 1899”.
7 Ins. by Act 24 of 1936, s. 55.
8 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
Page 95 of 129
any other conditions which the 1[Board] thinks fit to impose in accordance with bye‑laws made under
this Act.
General Provisions
212. Power to vary licence. If a 1[Board] is satisfied that any place used under a licence granted
under this Chapter is a nuisance or is likely to be dangerous to life, health or property, the 1[Board]
may, by notice in writing, require the owner, lessee or occupier thereof to dis continue the use of such
place or to effect such alterations, addi tions, or improvements as will, in the opinion of the 1[Board],
render it no longer a nuisance or dangerous.
213. Carrying on trade, etc., without licence or in contravention of section 212. Whoever
carries on any trade, calling or occupation for which a licence is required without obtaining a licence
therefor or while the licence therefor is suspended or after the same has been cancelled, and whoever,
after receiving a notice under section 212, uses or allows to be used any building or place in
contravention thereof, shall be punishable with fine which may extend to two hundred rupees and, in
the case of a continuing offence, with an additional fine which may extend to forty rupees for every
day after the first during which the offence is continued.
214. Feeding animals on dirt, etc. Whoever feeds or allows to be fed on filthy or delete rious
substances any animal, which is kept for the purpose of supplying milk to, or which is intended to be
used as food for, the inhabitants of a cantonment or allows it to graze in any place in which grazing
has, for sanitary reasons, been prohibited by public notice by the 1[Board] shall be punishable with
fine which may extend to fifty rupees.
Entry, Inspection and Seizure
215. Powers of entry and seizure.‑(1) The President or the Vice‑President 2* * * the Executive
Officer, the Health Officer, the Assistant Health Officer, or any other officer or servant of a 1[Board]
authorised by it in writing in this behalf,‑
(a) may at any time enter into any market, building, shop, stall or other place in the
cantonment for the purpose of inspecting, and may inspect, any animals, article or thing
intended for human food or drink or for medicine, whether exposed or hawked about for
sale or deposited in or brought to any place for the purpose of sale, or of preparation for
sale, or any utensil or vessel for preparing, manufacturing or containing any such article,
or thing, and may enter into and inspect any place used as a slaughter‑house and may
examine any animal or article therein ;
(b) may seize any such animal, article or thing which appears to him to be diseased, or
unwholesome or unfit for human food or drink or medicine, as the case may be, or to be
adulterated or to be not what it is represented to be, or any such utensil or vessel which is
of such a kind or in such a state as to render any article prepared, manufactured or
contained therein unwholesome or unfit for human food or for medicine, as the case may
be.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 The words “of a Board” omitted ibid., s. 56.
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(2) Any article seized under sub‑section (1) which is of a perishable nature may, under the orders
of the Health Officer or the Assistant Health Officer, forthwith be destroyed if, in his opinion, it is
diseased, unwholesome or unfit for human food, drink or medicine, as the case may be.
(3) Every animal, article, utensil, vessel or other thing seized under sub‑section (1) shall, if it is
not destroyed under sub‑section (2), be taken before a Magistrate 1[who shall give orders as to its
disposal].
(4) The owner or person in possession, at the time of seizure under sub‑section (1), of any animal
or carcase which is diseased or of any article or thing which is unwholesome or unfit for human food,
drink or medicine as the case may be, or is adulterated or is not what it is represented to be, or of any
utensil or vessel which is of such kind or in such state as is described in clause (b) of sub section (1),
shall be punishable with fine which may extend to one hundred rupees, and the animal, article,
utensil, vessel or other thing shall be liable to be forfeited to the 2[Board] or to be des troyed or to be
so disposed of as to prevent its being exposed for sale or used for the preparation of food, drink or
medicine, as the case may be.
Explanation I.‑ If any such article, having been exposed or stored in, or brought to, any place
mentioned in sub‑section (1) for sale as ghee, contains any substance not exclusively derived from
milk, it shall be deemed, for the purposes of this section, to be an article which is not what it is
represented to be.
Explanation II‑ Meat subjected to the process of blowing shall be deemed to be unfit for human
food.
Explanation III.‑ The article of food or drink shall not be deemed to be other than what it is
represented to be merely by reason of the fact that there has been added to it some substance not
injurious to health:
Provided that‑
(a) such substance has been added to the article because the same is required for the
preparation or production thereof as an article of commerce in a state fit for carriage or
consumption and not fraudulently to increase the bulk, weight or measure of the food or
drink or conceal the inferior quality thereof, or
(b) in the process of production, preparation or convey ance of such article of food or drink,
the extraneous substance has unavoidably become intermixed there with, or
(c) the owner or person in possession of the article has given sufficient notice by means of a
label distinctly and legibly written or printed thereon or therewith, or by other means of a
public description, that such substance has been added, or
1 Added by the Cantonments (Amdt.) Act, 1944 (8 of 1944), s. 7.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 97 of 129
(d) such owner or person has purchased the article with a written warranty that it was of a certain
nature, subst ance and quality and had no reason to believe that it was not of such nature,
substance and quality, and has exposed it or hawked it about or brought it for sale in the same
state and by the same description as that in and by which he purchased it.
Import of Cattle and Flesh
216. Import of cattle and flesh.‑(1) No person shall, without the permission in writing of the 1[Board],
bring into a cantonment any animal intended for human consumption, or the flesh of any animal slaughtered out
side the cantonment otherwise than in a slaughter‑house maintain ed by the Government or the 1[Board].
(2) Any animal or flesh brought into a cantonment in con travention of sub‑section (1) may be seized by the
Executive Officer or by any servant of the 1[Board] and sold or otherwise disposed of as the 2[President of the
Board] may direct, and, if it is sold, the sale‑proceeds may be credited to the cantonment fund.
(3) Whoever contravenes the provisions of sub‑section (1) shall be punishable with fine which may extend
to fifty rupees.
(4) Nothing in this section shall be deemed to apply to cured or preserved meat or to animals driven or
meat carried through a cantonment for consumption outside thereof, or to meat brought into a cantonment by
any person for his immediate domestic consumption:
Provided that the 1[Board] may, by public notice, direct that the provisions of this section shall apply to
cured or preserved meat of any specified description or brought from any specified place.
CHAPTER XIII
WATER‑SUPPLY, DRAINAGE AND LIGHTING
Water‑supply
217. Maintenance of watersupply.__(1) In every cantonment where a sufficient supply of pure water for
domestic use does not already exist, the 1[Board] shall provide or arrange for the provision of such a supply.
(2) The 1[Board] shall, as far as possible, make adequate provision that such supply shall be continuous
throughout the year, and that the water shall be at all times pure and fit for human consumption.
218. Control over sources of public watersupply.‑(1) The 1[Board] may, with the previous sanction of
the 4[Federal Government], by public notice, declare any lake, stream, spring, well, tank, reservoir or other
source, whether within or without the limits of the cantonment (other than a source of water‑supply under the
control of the 5[Military Engineer]
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. by the Cantonments (Amdt.) Act, 1944 (8 of 1944), s. 8, for “Board”, which had been subs. by Act 24 of 1936, for “Cantonment Authority”.
3 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
4 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937 for “L.G”.
5 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 9, for “Military Works”.
Page 98 of 129
Services or the Public Works Department) from which water is or may be made available for the use
of the public in the canton ment to be a source of public water‑supply.
(2) Every such source shall be under the control of the 1[Board].
219. Power to require maintenance or closing of private source of public drinking water
supply. The 1[Board] may, by notice in writing, require the owner or any person having the control of
any source of public water‑supply which is used for drinking purposes__
(a) to keep the same in good order and to clear it from time to time of silt, refuse and
decaying vegetation, or
(b) to protect the same from contamination in such manner as the 1[Board] may direct, or
Provided that, in the case of a well, such person as afore said may, instead of complying with the
notice, signify in writing his desire to be relieved of all responsibility for the proper main tenance of
the well and his readiness to place it under the control and supervision of the 1[Board] for the use of
the public, and, if he does so, he shall not be bound to carry out the requisition, and the 1[Board] shall
undertake the control and supervision of the well.
220. Supply of water.‑(1) The 1[Board] may permit the owner, lessee or occupier of any building
or land to connect the building or land with a source of public water‑supply by means of
communication pipes of such size and description as it may prescribe for the purpose of obtaining
water for domestic use.
(2) The occupier of every building so connected with the water‑supply shall be entitled to have
for domestic use, in return for the water tax, if any, such quantity of water as the 1[Board] may
determine.
(3) All water supplied in excess of the quantity to which such supply is limited under sub‑section
(2) and, in a cantonment in which a water tax is not imposed, all water supplied under this section,
shall be paid for at such rate as the 1[Board] may fix.
(4) The supply of water for domestic use shall not be deemed to include any supply__
(a) for animals or for washing vehicles where such animals or vehicles are kept for sale or
hire ;
(b) for any trade, manufacture or business ;
(c) for fountains, swimming baths or any ornamental or mechanical purpose ;
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Page 99 of 129
(d) for gardens or for purposes of irrigation ;
(e) for making or watering roads or paths ; or
(f) for building purposes.
221. Power to require watersupply to be taken. If it appears to the 1[Board] that any building
or land in the cantonment is without a proper supply of pure water, the 1[Board] may, by notice in
writing, require the owner, lessee or occupier of the building or land to obtain from a source of public
water‑supply such quantity of water as is, adequate to the requirements of the persons usually
occupying or employed upon the building or land, and to provide communication pipes of the
prescribed size and description, and to take all necessary steps for the above purposes.
222. supply of water under agreement.‑(1) The 1[Board] may, by agreement, supply, from any
source of public water‑supply, the owner, lessee or occupier of any building or land in the cantonment
with any water for any purpose, other than a domestic purpose, on such terms and conditions,
consistent with this Act and the rules and bye‑laws made thereunder, as may be agreed upon between
the 1[Board] and such owner, lessee or occupier.
(2) The 1[Board] may withdraw such supply or curtail the quantity thereof at any time if it should
appear necessary to do so for the purpose of maintaining sufficient supply of water for domestic use
by inhabitants of the cantonment.
223. Board not liable for failure of supply. Notwithstanding any obligation imposed on
2[Boards] under this Act, a 1[Board] shall not be liable to any forfeiture, penalty or damages for
failure to supply water or for curtailing the quantity thereof if the failure or curtailment, as the case
may be, arises from accident or from drought or other unavoidable cause unless, in the case of an
agreement for the supply of water under section 222, the 1[Board] has made express provision for
forfeiture, penalty or damages in the event of such failure or curtailment.
(a) the owner, lessee or occupier of any building or land in or on which water supplied by the
1[Board] is wasted by reason of the pipes, drains or other works being out of repair shall,
if he has knowledge thereof, give notice of the same to such officer as the 1[Board] may
appoint in this behalf ;
(b) the Executive Officer or any other officer or servant of the 1[Board] authorised by it in
writing in this behalf may enter into or on any premises supplied with water by the
1[Board], for the purpose of exam ining all pipes, taps, works and fittings connected with
the supply of water and of ascertaining whether there is any waste or misuse of such
water ;
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. ibid., for “Cantonment Authorities”.
(i) the owner or occupier of the building or land neglects to pay the water tax or other
charges connected with the water‑supply within one month from the date on which
such tax or charge falls due for payment ;
(ii) the occupier refuses to admit the Executive Officer or other authorised officer or
servant of the 1[Board] into the building or land for the purpose of making any
examination or inquiry authorised by clause (b) or prevents the making of such
examination or inquiry ;
(iii) the occupier wilfully or negligently misuses or causes waste of water ;
(iv) the occupier wilfully or negligently injures or damages his meter or any pipe or tap
conveying water from the water‑works ;
(v) any pipes, taps, works or fittings connected with the supply of water to the building
or land are found, on examination by the Executive Officer, to be out of repair to
such an extent as to cause a waste of water ;
(d) the expense of cutting off the connection or of turning off the water in any case referred
to in clause (c) shall be paid by the owner or occupier of the building or land ;
(e) no action taken under or in pursuance of clause (c) shall relieve any person from any
penalty or liability which he may otherwise have incurred.
225. Supply to persons outside cantonment. A 1[Board] may allow any person not residing
within the limits of the cantonment to take or be supplied with water for any purpose from any source
of public water‑supply on such terms as it may prescribe, and may at any time withdraw or curtail
such supply.
226. Penalty. Whoever__
(a) uses for other than domestic purposes any water supplied by a 1[Board] for domestic use,
or
(b) where water is supplied by agreement with a 1[Board] for a specified purpose, uses that
water for any other purpose,
shall be punishable with fine which may extend to fifty rupees, and the 1[Board] shall be entitled to
recover from him the price of the water misused.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
227. Power of Board to lay wires, connections, etc. A 1[Board] may carry any cable, wire, pipe, drain,
sewer or channel of any kind,‑
(a) for the purpose of carrying out, establishing or maintaining any system of water‑supply, lighting,
drainage, or sewerage, through, across, under or over any road or street, or any place laid out or
intended as a road or street, or, after giving reasonable notice in writing to the owner or occupier,
into, through, across, under or over any land or building, or up the side of any building, situated
within the cantonment, or
(b) for the purpose of supplying water or of the intro duction or distribution of outfall of water or for
the removal or outfall of sewage, after giving reasonable notice in writing to the owner or
occupier, into, through, across, under or over any land or building, or up the side of any building,
situated outside the cantonment ;
and may at all times do all acts and things which may be neces sary or expedient for repairing or maintaining
any such cable, wire, pipe, drain, sewer or channel in an effective state for the purpose for which the same may
be used or is intended to be used:
Provided that no nuisance shall be caused in excess of what is reasonably necessary for the proper
execution of the work:
Provided, further, that compensation shall be payable to the owner or occupier for any damage sustained
by him which is directly occasioned by the carrying out of any such operation.
228. Wires, etc., laid above surface of ground. In the event of any cable, wire, pipe, drain, sewer or
channel being laid or carried above the surface of any land or through, over or up the side of any building, such
cable, wire, pipe, drain, sewer or channel shall be so laid or carried as to interfere as little as possible with the
rights of the owner or occupier to the due enjoyment of such land or building, and compensation shall be
payable by the 1[Board] in respect of any substantial interference with the right to any such enjoyment.
229. Connection with main not to be made without permission. No person shall, for any purpose
whatsoever, with out the permission of the 1[Board], at any time make or cause to be made any connection or
communication with any cable, wire, pipe, drain, sewer or channel constructed or maintained by, or vested in, a
1[Board].
230. Power to prescribe ferrules and to establish meters, etc. A 1[Board] may prescribe the size of the
ferrules to be used for the supply of gas, if any, and may establish meters or other appliances for the purpose
of testing the quantity of any water, or the quantity or quality of any gas supplied to any premises by the
1[Board].
231. Power of inspection. The ferrules, communication pipes, connections, meters, stand‑pipes and all
fittings thereon or connected there with leading from water mains or from pipes, drains, sewers or channels into
any house or land, to which water or gas is supplied by
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
232. Power to fix rates and charges. A 1[Board] may fix the charges to be made for the
establishment by them or through their agency of communica tions from, and connections with, mains,
or pipes for the supply of water, or gas, or for meters or other appliances for testing the quantity or
quality thereof supplied, and may levy such charges accordingly.
Application of this Chapter to Government Water‑supplies
233. Government watersupply.‑(1) Where in any cantonment there is a water‑supply under the
control of the 2[Military Engineer] Services or the Public Works Department, the Officer of the
3[Military Engineer] Services or of the Public Works Department, as the case may be, in charge of
such water‑supply (hereinafter in 3[this Chapter] referred to as the Officer) may publish in the
cantonment in such manner as he thinks fit a notice declaring that any lake, stream, spring, well, tank,
reservoir or other source, whether within or without the limits of the cantonment (other than a source
of public water‑supply) under the control of the 1[Board] is a source of public water‑supply and may,
for the purpose of keeping any such source in good order or of protecting it from contamination or
from use, require the 1[Board] to exercise any power conferred upon 5[it] by section 219.
(2) In the case of any water‑supply such as is referred to in sub‑section (1), the following
provisions of this Chapter, namely, the provisions of sections 220, 222, 223, 224, 226, 227, 228, 229,
230, 231, and 232 shall, as far as may be, be applicable in respect of the supply of water to the
cantonment, and for the purpose of such application references to the 1[Board] shall be construed as
references to the Officer, and references to the Executive Officer or other officer or servant of the
4[Board] shall be construed as references to such person as may be authorised in this behalf by the
Officer.
6[(3) The provisions of section 222 shall be applicable in respect of the supply of water by
agreement to the Board by the Officer for use for any purpose other than a domestic purpose in like
manner as they are applicable to such supply to the owner, lessee or occupier of any building or land
in the cantonment.]
234. Recovery of charges. In any case in which the provisions of section 233 apply 7[and in
which the Board is not receiving a bulk supply of water under section 234A,] the watertax, if any,
imposed in the cantonment and all other charges arising out of the supply of water which maybe
imposed under the provisions of this Chapter as applied by section 233 shall be recovered by the
1[Board], and all monies so recovered, or such proportion thereof as the 8[Federal Government] may
in each case determine, shall be paid by the 1[Board] to the Officer.
1 Ins. by the Repealing and Amending Act, 1930 (8 of 1930), s. 2 and 1 st Sch.
2 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 9, for “Military Works”.
3 Subs. by Act 24 of 1936, s. 57, for “this section and in section 234”.
4 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
5 Subs. by the Repealing and Amending Act, 1939 (34 of 1939), s. 2 and 1 st Sch., for “that Authority”.
6 Subsection (3) ins. by the Cantonments (Amdt.) Act, 1942 (15 of 1942), s. 10.
7 Ins. by Act 24 of 1936, s. 58.
8 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
(2) Any supply of water received under sub‑section (1) shall be a bulk supply, and the Board shall
make such payments to the Officer for all water so received as may be agreed upon between the
Board and the Officer, or, in default of such agreement, as may be determined by the 3[Federal
Government] to be reason able having regard to the actual cost of supplying the water in the
cantonment and the rate charged for water in any adjacent municipality:
Provided that, notwithstanding anything contained in this Act, the Board shall not charge for the
supply to persons in the cantonment of water received by the Board under this section a rate
calculated to produce more than the sum of the payments made to the Officer for water received and
the actual cost of the supply thereof by the Board to consumers.
(3) If any dispute arises between the Board and the Officer regarding the amount of water
adequate to the requirements of persons in the cantonment other than entitled consumers, the dispute
shall be referred to the 3[Federal Government] whose decision shall be final.
4234B. Function of the Board in relation to distribution of bulk supply. Where under the
provisions of subsection (1) section 234A a bulk supply of water is received by the Board, the Board
shall be solely responsible for the supply of water to all persons in the cantonment other than entitled
consumers; and the provisions of this Act shall apply as if such bulk supply were a source of public
watersupply under the control of the Board and as if the communications from and connections with
such bulk supply of the purpose of supplying water to such persons were a system of watersupply
established and maintained by the Board.]
CHAPTER XIV
REMOVAL AND EXCLUSION FROM CANTONMENTS AND SUPPRESSION OF SEXUAL
IMMORALITY.
235. Power to remove brothels and prostitutes. The 5[Officer Commanding the station] may, on
receiving information that any building in the cantonment is used as a brothel or for purposes of
prostitution, by order in writing setting forth the substance of the information received, summon the
owner, lessee, tenant or occupier of the building to appear before him either in person or by an
authorised agent, and, if the 6[Officer Commanding the station] is then satisfied as to the truth of the
information, he may, by order in writing, direct
1 Ss. 234A and 234B were ins. by Act 24 of 1936, s. 59.
2 Ins. by the Cantonments (Amdt.) Act, 1942 (15 of 1942), s. 11.
3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C”.
4 Ss. 234A and 234B were ins. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 59.
5 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 10, for “Commanding Officer of a cantonment”.
6 Subs. ibid., s. 14, for “Commanding Officer of the cantonment”.
236. Penalty for loitering and importuning for purposes of prostitution.‑(1) Whoever in a cantonment
loiters for the purpose of prostitution or importunes any person to the commission of sexual immorality, shall
be punishable with imprisonment which may extend to one month, or with fine which may extend to two
hundred rupees.
(2) No prosecution for an offence under this section shall be instituted except on the complaint of the
person importuned, or of a military officer in whose presence the offence was committed, or of a member of the
Military or Air Force Police, being em ployed in the cantonment and authorised in this behalf by the 2[Officer
Commanding the station], in whose presence the offence was committed, or of a police officer not below the
rank of a sub‑inspector 3[or a sergeant] who is employed in the canton ment and authorised in this behalf by the
2[Officer Commanding the station] 3[with the concurrence of the District Magis trate].
237. Removal of lewd person from cantonment. If the 1[Officer Commanding the station] is, after such
inquiry as he thinks necessary, satisfied that any person residing in or frequenting the cantonment is a prostitute
or has been convicted of an offence under section 236, or of the abetment of such an offence, he may cause to
be served on such person an order in writing requiring such person to remove from the can tonment within such
time as may be specified in the order, and prohibiting such person from re‑entering it without the permis sion in
writing of the 4[Officer Commanding the station].
238. Removal and exclusion from cantonment of disorderly persons.‑(1) A Magistrate of the first
class, having jurisdiction in a cantonment, on receiving information that any person residing in or frequenting
the cantonment‑
(a) is a disorderly person who has been convicted more than once of gaming or who keeps or frequents
a common gaming house, a disorderly drinking shop or a disorderly house of any other
description, or
(b) has been convicted more than once, either within the cantonment or elsewhere, of an offence
punishable under Chapter XVII of the Pakistan Penal Code (XLV of 1860), or
5* * * * * * *
(d) has been ordered under Chapter VIII of the Code of Criminal Procedure, 1898 (V of 1898), either
within the canton ment or elsewhere, to execute a bond for his good behaviour,
may record in writing the substance of the information received, and may issue a summons to such person
requiring such person to appear and show cause why he should not be required to re move from the cantonment
and be prohibited from re‑entering it.
1 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 10, for “Commanding Officer of a cantonment”.
2 Subs. ibid., s. 14, for “Commanding Officer of the cantonment”.
3 Ins. by the Cantonments (Amdt.) Act, 1931 (7 of 1931), s. 7.
4 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 14, for “Commanding Officer of the cantonment”.
5 Cl. (c) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Sch. II.
(3) The Magistrate shall, when the person so summoned appears before him, proceed to inquire
into the truth of the information received and take such further evidence as he thinks fit, and if, upon
such inquiry, it appears to him that such person is a person of any kind described in sub‑section (1)
and that it is necessary for the maintenance of good order in the cantonment that such person should
be required to remove therefrom and be prohibited from re‑entering the cantonment, the Magistrate
shall report the matter to the 1[Officer Commanding the station], and, if the 1[Officer Commanding
the station] so directs, shall cause to be served on such person an order in writing requiring him to
remove from the cantonment within such time as may be specified in the order and prohibiting him
from re‑entering it without the permission in writing of the 1[Officer Commanding the station].
239. Removal and exclusion from cantonment of seditious persons.‑(1) If any person in a
cantonment causes or attempts to cause or does any act which he knows is likely to cause dis loyalty,
disaffection or breaches of discipline amongst any portion of 2[the armed forces of Pakistan] or is a
person who, the 1[Officer Commanding the station] has reason to believe, is likely to do any such act,
the 1[Officer Commanding the station] may make an order in writing setting forth the reasons for the
making of the same and requiring such person to remove from the cantonment within such time as
may be specified in the order and prohibiting him from re‑entering it without the permis sion in writing
of the 1[Officer Commanding the station]:
Provided that no order shall be made under this section against any person unless he has had a
reasonable opportunity of being informed of the grounds on which it is proposed to make the order
and of showing cause why the order should not be made.
(2) Every order made under sub‑section (1) shall be sent to the Superintendent of Police of the
district, who shall cause a copy thereof to be served on the person concerned.
(3) Upon the making of any order under sub‑section (1), the 1[Officer Commanding the station]
shall forthwith send a copy of the same to the 3[Federal Government].
(4) The 3[Federal Government] may, of its own motion, and shall, on application, made to it in
this behalf within one month of the date of the order by the person against whom the order has been
made, call upon the District Magistrate to make, after such inquiry as the 3[Federal Government] may
prescribe, a report regarding the justice of the order and the necessity therefor. At every such inquiry
the person against whom the order has been made shall be given an opportunity of being heard in his
own defence.
(5) The 3[Federal Government] may, at any time after the receipt of a copy of an order sent under
sub‑section (3), or where a report has been called for under sub‑section (4), on
1 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 14, for “Commanding Officer of a cantonment”.
2 Subs. by A.O., 1961, Art. 2 and Sch., for “His Majesty’s forces” (with effect from the 23 rd March, 1956).
3 Subs. by F.A.O., 1975, Art. 2 and, Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
(6) Any person who has been excluded from a cantonment by an order made under this section may, at any
time after the expiry of one month from the date thereof, apply to the 2[Competent Authority] for the rescission
of the same and, on such application being made, the said Officer may, after making such inquiry, if any, as he
thinks necessary, either reject the application or rescind the order.
240. Penalty. Whoever__
(a) fails to comply with an order issued under this Chap ter within the period specified therein, or,
whilst an order prohibiting him from re‑entering a canton ment without permission is in force,
re‑enters the cantonment without such permission, or
(b) knowing that any person has, under this Chapter, been required to remove from the cantonment and
has not obtained the requisite permission to re enter it, harbours or conceals such person in the
cantonment,
shall be punishable with fine which may extend to two hundred rupees, and, in the case of a continuing offence,
with an additional fine which may extend to twenty rupees for every day after the first during which he has
persisted in the offence.
CHAPTER XV
POWERS, PROCEDURE, PENALTIES AND APPEALS
Entry and Inspection
241. Powers of entry. It shall be lawful for the President or the Vice President of a Board, or the
Executive Officer, or the Health Officer or Assistant Health Officer, or any person specially au thorised by the
Health Officer or the Assistant Health Officer, or for any other person authorised by general or special order of
a 3[Board] in this behalf, to enter into or upon any building or land with or without assistants or workmen in
order to make any inquiry, inspection, measurement, valuation or survey, or to execute any work, which is
authorised by or under this Act or which it is necessary to make or execute for any of the pur poses or in
pursuance of any of the provisions of this Act or of any rule, bye‑law or order made thereunder:
Provided that nothing in this section shall be deemed to confer upon any person any power such as is
referred to in section 207 or section 215 or to authorise the conferment upon any person of any such power.
242. Powers of inspection by member of a Board. With the previous sanction of the President, any
member of a Board may inspect any work or institution cons tructed or maintained, in whole or part, at the
expense of the Board, and any register, book, accounts or other document belonging to, or in the possession of,
the Board.
1 Subs. by A. O., 1937, for “refer the case to the G.G. in C., who shall pass such orders thereon as he thinks fit”.
2 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”.
3 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
(a) to inspect any drain, privy, latrine, urinal, cesspool, pipe, sewer or channel in or on any
building or land in the cantonment, and, in his discretion, to cause the ground to be
opened for the purpose of prevent ing or removing any nuisance arising from the drain,
privy, latrine, urinal, cesspool, pipe, sewer or channel, as the case may be ;
(b) to examine works under construction in the canton ment, to take levels or to remove, test,
examine, replace or read any meter.
(2) If, on such inspection, the opening of the ground is found to be necessary for the prevention
or removal of a nuisance, the expenses thereby incurred shall be paid by the owner or occupier of the
land or building, but if it is found that no nuisance exists or but for such opening would have arisen
the ground or portion of any building, drain, or other work opened, injured or removed for the
purpose of such inspection shall be filled in, reinstated, or made good, as the case may be, by the
1[Board].
244. Power to enter land adjoining land where work is in progress.‑(1) The Executive Officer
of a cantonment may, with or without assistants or workmen, enter on any land within fifty yards of
any work authorised by or under this Act for the purpose of depositing thereon any soil, gravel, stone
or other materials, or of obtaining access to such work, or for any other purpose connected with the
carrying on of the same.
(2) The Executive Officer shall, before entering on any land under sub‑section (1), give the
occupier, or, if there is no occupier, the owner not less than three days' previous notice in writing of
his intention to make such entry, and shall state the purpose thereof, and shall, if so required by the
occupier or owner, fence off so much of the land as may be required for such purpose.
(3) The Executive Officer shall, in exercising any power conferred by this section, do as little
damage as may be, and compensation shall be payable by the 1[Board] to the owner or occupier of
such land, or to both, for any such damage whether permanent or temporary.
245. Breaking into premises. It shall be lawful for any person, authorised by or under this Act to
make any entry into any place, to open or cause to be opened any door, gate or other barrier‑
(a) if he considers the opening thereof necessary for the purpose of such entry ; and
(b) if the owner or occupier is absent, or being present refuses to open such door, gate or
barrier.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
247. Owner’s consent ordinarily to be obtained. Save as otherwise expressly provided in this
Act, no building or land shall be entered without the consent of the occupier, or if there is no
occupier, of the owner thereof, and no such entry shall be made without giving the said occupier or
owner, as the case may be, not less than four hours' written notice of the intention to make such
entry:
Provided that no such notice shall be necessary if the place to be inspected is a stable for horses
or a shed for cattle, or a latrine, privy or urinal, or a work under construction.
248. Regard to be had to social and religious usages. When any place used as a human
dwelling is enter ed under this Act, due regard shall be paid to the social and religious customs and
usages of the occupants of the place en tered, and no apartment in the actual occupancy of a female
shall be entered or broken open until she has been informed that she is at liberty to withdraw and
every reasonable facility has been afforded to her for withdrawing.
249. Penalty for obstruction. Whoever obstructs or molests any person employed by a 1[Board],
who is not a public servant within the meaning of section 21 of the Pakistan Penal Code (XLV of
1860), or any person with whom the 1[Board] has lawfully contracted, in the execution of his duty or
of anything which he is empowered or required to do by virtue or in consequence of any of the
provisions of this Act or of any rule, bye‑law or order made thereunder, or in fulfilment of his
contract, as the case may be, shall be punishable with fine which may extend to one hundred rupees.
Powers and Duties of Police Officers
250. Arrest without warrant. Any member of the police force employed in a cantonment may,
without a warrant, arrest any person commit ting in his view a breach of any of the provisions of this
Act which are specified in Schedule IV:
Provided that
(a) in the case of the breach of any such provision as is specified in Part B of Schedule IV, no
person shall be so arrested who consents to give his name and address, unless there is
reasonable ground for doubting the accuracy of the name or address so given, the burden
of proof of which shall lie on the arresting officer, and no person so arrested shall be
detained after his name and address have been ascertained ; and
(b) no person shall be so arrested for an offence under section 236 except‑
(i) at the request of the person importuned or of a military officer in whose presence the
offence was committed ; or
(ii) by or at the request of a member of the Mili tary or Air Force Police, who is
employed in the cantonment and authorised in this behalf by the
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
251. Duties of police officers. It shall be the duty of all police officers to give immediate
information to the 2[Board] of the commission of any offence against the provisions of this Act or of
any rule or bye‑law made thereunder, and to assist all cantonment officers and servants in the
exercise of their lawful authority.
Notices
252. Notices to fix reasonable time. Where any notice, order or requisition made under this Act
or any rule or bye‑law made thereunder requires any thing to be done for the doing of which no time is
fixed in this Act or in the rule or bye‑law, the notice, order or requisition shall specify a reasonable
time for doing the same.
253. Authentication and validity of notices issued by Board. Every notice, order or requisition
issued by a 2[Board] under this Act or any rule or bye‑law made thereunder shall be signed‑
(a) 3* * * either by the President of the Board or by the Executive Officer, or, 4* * *
(b) by the members of any committee especially auth orised by the 2[Board] in this behalf.
254. Service of notice, etc.‑(1) Every notice, order or requisition issued under this Act or any
rule or bye‑law made thereunder shall, save as otherwise expressly provided, be served or presented‑
(a) by giving or tendering the notice, order or requisi tion, or sending it by post, to the person
for whom it is intended ; or
(b) if such person cannot be found, by affixing the no tice, order or requisition on some
conspicuous part of his last known place of abode or business, if within the cantonment,
or by giving or tendering the notice, order or requisition to some adult male member or
servant of his family, or by causing it to be affixed on some conspicuous part of the build
ing or land, if any, to which it relates.
(2) When any such notice, order or requisition is required or permitted to be served upon an
owner, lessee or occupier of any building or land, it shall not be necessary to name the owner, lessee
or occupier therein, and the service thereof shall, save as otherwise expressly provided, be effected
either‑
1 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 14, for “Commanding Officer of the cantonment”.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
3 The words “where there is a Board” omitted ibid., s. 60.
4 The words “where there is no Board, by the Executive Officer, or” were omitted ibid.
(b) if no such owner, lessee or occupier can be found, by giving or tendering the notice, order or
requisition to the authorised agent, if any, of any such owner, lessee or occupier, or to an adult
male member or servant of the family of any such owner, lessee or occupier, or by causing it to be
affixed on some conspicuous part of the building or land to which it relates.
(3) When the person on whom a notice, order or requisi tion is to be served is a minor, service upon his
guardian or upon an adult male member or servant of his family shall be deemed to be service upon the minor.
255. Method of giving notice. Every notice which, by or under this Act, is to be given or served as a
public notice or as a notice which is not required to be given to any individual therein specified shall, save as
otherwise expressly provided, be deemed to have been suffi ciently given or served if a copy thereof is affixed
in such cons picuous part of the office of the 2[Board] or in such other public place, during such period, or is
published in such local news paper or in such other manner, as the 2[Board] may direct.
256. Powers of Board in case of noncompliance with notice, etc. In the event of non‑compliance with
the terms of any notice, order or requisition issued to any person under this Act, or any rule or bye‑law made
thereunder, requiring such person to execute any work or to do any act, it shall be lawful for the 2[Board],
whether or not the person in default is liable to punish ment for such default or has been prosecuted or
sentenced to any punishment therefor, after giving notice in writing to such per son, to take such action or such
steps as may be necessary for the completion of the act or work required to be done or execut ed by him, and
all the expenses incurred on such account shall be recoverable by the 2[Board].
Recovery of Money
257. Liability of occupier to pay in default of owner.‑(1) If any such notice as is referred to in section
256 has been given to any person in respect of property of which he is the owner, the 2[Board] may require any
occupier of such property or of any part thereof to pay to it, instead of to the own er, any rent payable by him in
respect of such property, as it falls due, up to the amount recoverable from the owner under section 256:
Provided that, if the occupier, on application made to him by the 2[Board], refuses truly to disclose the
amount of his rent or the name or address of the person to whom it is payable, the 2[Board], may recover from
the occupier the whole amount re coverable under section 256.
(2) Any amount recovered from an occupier instead of from an owner under sub‑section (1) shall, in the
absence of any con tract between the owner and the occupier to the contrary, be deemed to have been paid to
the owner.
1 Subs. by the Repealing and Amending Act, 1940 (32 of 1940), s. 3 and 2 nd Sch., for “on any one of them”.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
(2) The burden of proving any fact entitling an agent or trustee to relief under sub‑section (1) shall lie upon
him.
(3) Where any agent or trustee has claimed and established his right to relief under this section, the
1[Board] may, by notice in writing, require him, to apply to the discharge of such obliga tion as aforesaid the
first monies which may come to his hands on behalf, or for the use, of the owner, and, on failure to com ply with
the notice, he shall be deemed to be personally liable to discharge the obligation.
2 [259. Method of recovery.‑(1) Notwithstanding anything elsewhere contained in this Act, arrears of any
tax and any other money recoverable by a Board under this Act may be recovered together with the cost of
recovery either by suit or, on application to a Magis trate having jurisdiction in the cantonment or in any place
where the person from whom such tax or money is recoverable may for the time being be residing, by the
distress and sale of any moveable property of, or standing timber, growing crops or grass belonging to, such
person which is within the limits of such Magistrate’s jurisdiction, and shall, if payable by the owner of any
property as such, be a charge on the property until paid:
Provided that the tools of artisans shall be exempt from such distress or sale.
(2) An application to a Magistrate under sub‑section (1) shall be in writing and shall be signed by the
President or Vice President of the Board or by the Executive Officer, but shall not require to be personally
presented.]
Committees of Arbitration
260. Application for a Committees of Arbitration. In the event of any disagreement as to the liability of
a 1[Board] to pay any compensation under this Act, or as to the amount of any compensation so payable, the
person claim ing such compensation may apply to the 1[Board] for the re ference of the matter to a Committee
of Arbitration, and the 1[Board] shall forthwith proceed to convene a Committee of Arbitration to determine the
matter in dispute.
261. Procedure for convening Committees of Arbitration. When a Committee of Arbitration is to be
convened, the 1[Board] shall cause a public notice to be published stating the matter to be determined, and
shall forthwith send copies of the order to the District Magistrate, and to the other party con cerned, and shall,
as soon as may be, nominate such members of the Committee, as it is entitled to nominate under section 262,
and, by notice in writing, call upon the other persons who are entitled to nominate a member or members of the
Committee to nominate such member or members in accordance with the provisions of that section.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. ibid., s. 61, for the original section 259.
(b) two persons nominated by the 2[Board] ; and
(c) two persons nominated by the other party con cerned, 4* * *.
263. No person to be nominated who has direct interest or whose services are not
immediately available.‑(1) No person who has a direct interest in the matter under reference, or
whose services are not immediately avail able for the purposes of the Committee, shall be nominated a
member of a Committee of Arbitration.
(2) If, in the opinion of the District Magistrate, any person who has been nominated has a direct
interest in the matter under reference, or is otherwise disqualified for nomination, or if the services of
any such person are not immediately available as aforesaid, and if the 5[Board] or other person by
whom any such person was nominated fails to nominate another member within seven days from the
date on which it or he may be called upon to do so by the District Mistrict Magistrate, such failure
shall be deemed to constitute a failure to make a nomination within the meaning of section 262.
264. Meetings and Powers of Committees of Arbitrartion.‑(1) When a Committee of
Arbitration has been duly constituted, the 5[Board] shall, by notice in writing, inform each of the
members of the fact, and the Committee shall meet as soon as may be thereafter.
(2) The Chairman of the Committee shall fix the time and place of meetings, and shall have
power to adjourn any meeting from time to time as may be necessary.
(3) The Committee shall receive and record evidence, and shall have power to administer oaths to
witnesses, and, on re quisition in writing signed by the Chairman of the Committee, the District
Magistrate shall issue the necessary processes for the attendance of witnesses and the production of
documents required by the Committee, and may enforce the said processes as if they were processes
for attendance or production before himself.
1 Subs. by A.O., 1961, Art. 2 and Sch. (with effect from the 23 rd March, 1956), for “Crown” which had been subs. by A.O., 1937, for “Govt.”
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
3 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925, s. 14, for “Commanding Officer of the cantonment”.
4 The words “who shall be person liable to pay taxes in the cantonment and ordinarly resident therein or in the immediate vicinity thereof” omitted by the Cantonments (Amdt.) Act,
1936, s. 62.
5 Subs. ibid., s. 69, for “Cantonment Authority”.
(2) If there is not a majority of votes in favour of any proposed decision, the opinion of the
Chairman shall prevail.
(3) The decision of a Committee of Arbitration shall be final and shall not be questioned in any
Court.
Prosecutions
266. Prosecution.‑1[(1)] Save as otherwise expressly provided in this Act, no Court shall proceed
to the trial of any offence made punishable by or under this Act, other than an offence specified in
Schedule IV, except on the complaint of, or upon information received from, the 2[Board] concerned
or a person authorised by the 2[Board] by a general or special order in this behalf.
3[(2) No offence made punishable under this Act shall be tried by any Magistrate or by any
Bench, if such Magistrate or any of the Magistrates composing the Bench is a member of the Board.]
267. Compensation of offence.‑(1) A 2[Board] or any person authorised by it, by general or
special order in this behalf, may, either before or after the institution of the proceedings, compound
any offence made punishable by or under this Act other than an offence un der Chapter XIV:
Provided that no offence shall be compoundable which is committed by failure to comply with a
notice, order or requisi tion issued by or on behalf of the 2[Board], unless and until the same has been
complied with in so far as compliance is pos sible.
(2) Where an offence has been compounded, the offender, if in custody, shall be discharged and
no further proceedings, shall be taken against him in respect of the offence so compound ed.
General Penalty Provisions
268. General penalty. Whoever, in any case in which a penalty is not ex pressly provided by this
Act, fails to comply with any notice, order or requisition issued under any provision thereof, or other
wise contravenes any of the provisions of this Act, shall be pun ishable with fine which may extend to
two hundred rupees, and, in the case of a continuing failure or contravention, with an ad ditional fine
which may extend to twenty rupees for every day after the first during which he has persisted in the
failure or con travention.
1 S. 266 was renumbered as subsection (1) of that section by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 63.
2 Subs. ibid., s. 69, for “Cantonment Authority”.
3 Subsection (2) added ibid., s. 63.
Provided that no such order shall be made until an oppor tunity has been given to the holder of the licence
to show cause why it should not be made.
270. Recovery of amount payable in respect of damage to cantonment property. Where any person has
incurred a penalty by reason of having caused any damage to the property of a 1[Board], he shall be liable to
make good such damage, and the amount payable in respect of the damage shall, in case of dispute, be
determined by the Magistrate by whom the person incurring such penalty is convicted, and, on non‑payment of
such amount on demand, the same shall be recovered by distress and sale of the moveable property of such
persons, and the Magistrate shall issue a warrant for its recovery accordingly.
Limitation
271. Limitation for prosecution. No Court shall try any person for an offence made punishable by or
under this Act, after the expiry of six months from the date of the commission of the offence, unless com plaint
in respect of the offence has been made to a Magistrate within the six months aforesaid.
272. Protection of Board, Executive Officer, etc. No suit or prosecution shall be entertained in any
Court against any 1[Board] 2* * * or against any 3[Officer Com manding a station], or against any member of
a 1[Board], or against any officer or servant of a Board, for anything in good faith done, or intended to be done,
under this Act or any rule or bye law made thereunder.
273. Notice to be given of suits.‑(1) No suit shall be instituted against any 1[Board] or against any
member of a Board, or against any officer or ser vant of a 1[Board], in respect of any act done, or purporting to
have been done, in pursuance of this Act or of any rule or byelaw made thereunder, until the expiration of two
months after notice in writing has been left at the office of the 1[Board], and, in the case of such member
officer or servant, unless notice in writing has also been delivered to him or left at his office or place of abode,
and unless such notice states explicitly the cause of action, the nature of the relief sought, the amount of
compensa tion claimed, and the name and place of abode of the intending plaintiff, and unless the plaint contains
a statement that such notice has been so delivered or left.
(2) If the 1[Board], member, officer or servant has, before the suit is instituted, tendered sufficient amends
to the plaintiff, the plaintiff shall not recover any sum in excess of the amount so tendered, and shall also pay
all costs incurred by the defendant after such tender.
(3) No suit, such as is described in sub‑section (1), shall, unless it is an action for the recovery of
immoveable property or for a declaration of title thereto, be instituted after the expiry of six months from the
date on which the cause of action arises.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 The words “or authority appointed under subsection (2) of section 10” rep. ibid., s. 64.
3 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 11, for “Commanding Officer of a cantonment”.
Appeals and Revision
274. Appeals from executive orders.‑(1) Any person aggrieved by any order described in the
second column of Schedule V may appeal to the authority specified in that behalf in the third column
thereof.
(2) No such appeal shall be admitted if it is made after the expiry of the period specified in that
behalf in the fourth column of the said Schedule.
(3) The period specified as aforesaid shall be computed in accordance with the provisions of the
Limitation Act, 1908 (IX of 1908), with respect to the computation of periods of limitation there
under.
275. Petition of appeal.‑(1) Every appeal under section 274 shall be made by petition in writing
accompanied by a copy of the order appealed against.
(2) Any such petition may be presented to the authority which made the order against which the
appeal is made, and that authority shall be bound to forward it to the appellate authority, and may
attach thereto any report which it may desire to make by way of explanation.
276. Suspension of action pending appeal. On the admission of an appeal from an order, other
than an order contained in a notice issued under clause (a) of sec tion 137, section 140, section 176, or
section 238, all proceedings to enforce the order and all prosecutions for any contravention thereof
shall be held in abeyance pending the decision of the appeal, and, if the order is set aside on appeal,
disobedience thereto, shall not be deemed to be an offence.
277. Revision. 1* * * * * * *
1[(1)] Where an appeal from an order made by the 2[Board] has been disposed of by the District
Magistrate 3[either party to the proceedings] may, within thirty days from the date thereof, apply,
through the 4[Competent Authority] to the 5[Federal Government], or to such authority as the
5[Federal Government] may appoint in this behalf, for a revision of the decision.
1[(2)] The provisions of this Chapter with respect to appeals shall apply, as far as may be, to
applications for revision made under this section.
278. Finality of appellate orders. Save as otherwise provided in section 277 every or der of an
appellate authority shall be final.
1 The original subsection (1) was omitted and subsections (2) and (3) were renumbered as subsections (1) and (2) by the Cantonments (Amdt.) Act, 1926 (35 of 1926), s. 9.
2 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s . 69, for “Cantonment Authority”.
3 Subs. ibid., s. 65, for “the Cantonment Authority”.
4 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”, which was previously amended by Act 35 of 1926, s. 9,
for “Officer Commanding the District”.
5 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
CHAPTER XVI
RULES AND BYE‑LAWS
280. Power to make rules.‑(1) The 1[Federal Government] may, after previous publication, make rules2
to carry out the purposes and objects of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for
all or any of the following matters, namely :‑
(a) the manner in which, and the authority to which, application for permission to occupy land belong
ing to 3[the Government] in a cantonment is to be made ;
(b) the authority by which such permission may be granted and the conditions to be annexed to the
grant of any such permission ;
4[(bb) the allotment to a 5[Board] of a share of the rents and profits accruing from property entrusted
to its management under the provisions of section 116A ;]
(c) the appointment, control, supervision, 6[conditions of service, transfer,] suspension, removal,
dismissal and punishment of servants of 7[Boards] ;
8* * * * * * *
(d) the circumstances in which security shall be demand ed from servants of 5[Boards] and the amount
and nature of such security ;
(e) the grant of leave, absentee or acting allowance to servants of 5[Boards];
(f) the creation and management of Provident Funds, and the circumstances in which, and the
conditions subject to which, contributions thereto shall be made from cantonment funds and by
servants of 5[Boards] ;
(g) the keeping of accounts by 5[Boards] and the manner in which such accounts shall be audited and
pub lished ;
1 Subs.by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O.,1937, for “G.G. in C.”.
2 For the Cantonment Account Code, 1955, see Gaz. of P., 1955, Ext., pp. 467608, and the Cantonment Fund Servants Rules, 1925, made under this section, see Gen. R. and O.; and
for the Cantonment Land Administration Rules, 1937, see Gazette of India, 1937, Pt. I, p. 1841.
For the Pakistan Cantonment Servants (Contributory Provident Fund) Rules, 1954, see Gaz. of P., 1953, Pt. III, pp. 248252.
For the Cantonment Servants Rules, 1954, see Gaz. of P., 1954, Ext., pp. 481508.
For the Cantonment Boards (Election of VicePresident) Rules, 1961, see Gaz. of P., 1961, Pt. III, p. 84.
3 The original word “Government” was first subs. by A.O., 1937 and then amended by A.O., 1961, Art. 2 (with effect from the 23 rd March, 1956), to read as above.
4 Clause (bb) ins. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), section 12.
5 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
6 Ins. by the Cantonments (Amdt.) Act, 1953 (23 of 1953), s. 2.
7 Subs. by Act 24 of 1936, s. 69, for “Cantonment Authorities”.
8 Cl. (cc) which was ins. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 66, has been omitted by the Cantonments (Second Amdt.) Act, 1952 (25 of 1952), s. 3.
1* * * * * * *
(i) the preparation of estimates of income and ex penditure by 2[Boards] and the definition of the persons
by whom, and the conditions subject to which, such estimates may be sanctioned ;
(j) the regulation of the procedure of Committees of Arbitration ; and
(k) the prescribing of registers, statements and forms to be used and maintained by any authority for the
purposes of this Act.
281. Supplemental provisions respecting rules.‑(1) A rule under section 280 may be made either
generally for all cantonments or for the whole or any part of any one or more cantonments.
(2) All rules so made shall be published in the 3[official Gazette] and in such other manner, if any, as the
4[Federal Government] may direct and, on such publication, shall have effect as if enacted in this Act.
282. Power to make byelaws. Subject to the provisions of this Act and of the rules made thereunder, a
5[Board] may, in addition to any bye‑laws which it is empowered to make by any other provision of this Act,
make bye‑laws to provide for all or any of the following matters in the cantonment, namely :‑
(1) the registration of births, deaths and marriages, and the taking of a census ;
(2) the enforcement of compulsory vaccination ;
(3) the regulation of the collection and recovery of taxes, tolls and fees under this Act and the refund of
taxes ;
(4) the regulation or prohibition of any description of traffic in the streets ;
(5) the manner in which vehicles standing, driven, led or propelled in the streets between sunset and sunrise
shall be lighted ;
(6) the seizure and confiscation of ownerless animals straying within the limits of the cantonment ;
(7) the prevention and extinction of fire ;
(8) the construction of scaffolding for building opera tions to secure the safety of the general public and of
persons working thereon ;
1 Cl. (hh), which was ins. by the Cantonments (Amdt.) Act, 1926 (35 of 1926), s. 10, was omitted by Act 24 of 1936, s. 66.
2 Subs. by Act 24 of 1936, s. 69, for “Cantonment Authority”.
3 Subs. by A.O., 1937, for “Gazette of India”.
4 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was amended by A.O., 1937, for “G.G. in C”.
5 Subs. by Act 24 of 1936, s. 69, for “Cantonment Authority”.
(10) the regulation of prohibition of the discharge into, or deposit in, drains or sewage, polluted
water and other offensive or obstructive matter ;
(11) the regulation or prohibition of the stabling or herding of animals, or of any class of animals,
so as to prevent danger to public health ;
(12) the proper disposal of corpses, the regulation and management of burial and burning places
and other places for the disposal of corpses, and the fees chargeable for the use of such places where
the same are provided or maintained by Government or at the expense of the cantonment fund ;
(13) the permission, regulation or prohibition of the use or occupation of any street or place by
itinerant vendors or by any person for the sale of articles or the exercise of any calling or the setting
up of any booth or stall, and the fees chargeable for such use or occupation ;
(14) the regulation and control of encamping grounds, pounds, washing‑places, serais, hotels,
dak‑bung alows, lodging‑houses, boarding‑houses, buildings let in tenements, residential clubs,
restaurants, eating houses, cafes, refreshment‑rooms and places of public recreation, entertainment or
resort ;
(15) the regulation of the ventilation, lighting, cleansing, drainage and water‑supply of the
buildings used for the manufacture or sale of aerated or other potable waters and of butter, milk,
sweetmeats and other articles of food or drink for human consump tion ;
(16) the matters regarding which conditions may be im posed by licences granted under section
210 ;
(17) the control and supervision of places where danger ous or offensive trades are carried on so
as to secure cleanliness therein or to minimise any in jurious, offensive or dangerous effects arising or
likely to arise therefrom ;
(18) the regulation of the erection of any enclosure, fence, tent, awning or other temporary
structure of what soever material or nature on any land situated within the cantonment ;
(19) the laying out of streets, and the regulation and pro hibition of the erection of buildings
without adequate provision being made for the laying out and location of streets ;
(20) the regulation of the use of public parks and gar dens and other public places, and the
protection of avenues, trees, grass and other appurtenances of streets and other public places ;
(22) the fixing and regulation of the use of public bath ing and washing places ;
(23) the regulation of the posting of bills and adver tisements, and of the position, size, shape or
style of name‑boards, sign‑boards and sign‑posts ;
(24) the fixation of a method for the sale of articles whe ther by measure, weight, piece or any
other method ;
(25) the rendering necessary of licences within the can tonment‑
(a) for persons working as job porters for the con veyance of goods ;
(b) for animals or vehicles let out on hire ;
(c) for the proprietors or drivers of vehicles, boats or other conveyances, or of animals kept or
plying for hire ; 1*
(d) for persons impelling or carrying such vehicles or other conveyances ; 2[or
(e) for persons practising as nurses, midwives or dias ;]
(26) the prescribing of the fee payable for any licence required under clause (25), and of the
conditions subjects to which such licences may be granted, re vised, suspended or withdrawn ;
(27) the regulation of the charges to be made for the services of such job porters and of the hire
of such animals, vehicles or other conveyances, and for the remuneration of persons impelling or
carrying such vehicles or conveyances as are referred to in clause (25) ;
(28) the regulation or prohibition, for purposes of sani tation or the prevention of disease or the
promo tion of public safety or convenience, of any act which occasions or is likely to occasion a
nuisance, and for the regulation or prohibition of which no provision is made elsewhere by or under
this Act ;
(29) the circumstances and the manner in which owners of buildings or land in the cantonment,
who are temporarily absent from, or are not resident in, the cantonment, may be required to appoint
as their agents, for all or any of the purposes of this Act or of any rule or bye‑law made thereunder,
persons residing within or near the cantonment ;
(30) the prevention of the spread of infectious or con tagious diseases within the cantonment ;
1 The word “or” omitted by the Cantonments (Amdt.) Act, 1942 (15 of 1942), s. 12.
2 The word “or” and added ibid.
(32) the supervision, regulation, conservation and pro tection, from injury, contamination or
trespass of sources and means of public water‑supply and of appliances for the distribution of water
whether within or without the limits of the cantonment ;
(33) the manner in which connections with water‑work may be constructed or maintained, and
the agency which shall or may be employed for such cons truction and maintenance ;
(34) the regulation of all matters and things relating to the supply and use of water including the
collection and recovery of charges therefor and the prevention of evasion of the same ;
(35) the maintenance of schools, and the furtherance of education generally ;
(36) the regulation or prohibition of the cutting or des truction of trees or shrubs, or of the making
of ex cavations, or of the removal of soil or quarrying, where such regulation or prohibition appears to
the 1[Board] to be necessary for the maintenance of a water‑supply, the preservation of the soil, the
pre vention of landslips or of the formation of ravines or torrents, or the protection of land against
erosion or against the deposit thereon of sand, gravel or stones ;
(37) the rendering necessary of licences for the use of premises within the cantonment as stables
or cow houses or as accommodation for sheep, goats or fowls ;
(38) the control of the use in the cantonment of me chanical whistles, syrens or trumpets ; and
(39) generally for the regulation of the administration of the cantonment under this Act.
283. Penalty for breach of byelaws. Any bye‑law made by a 1[Board] under this Act may
provide that a contravention thereof shall be punishable‑
(a) with fine which may extend to one hundred rupees ; or
(b) with fine which may extend to one hundred rupees and, in the case of a continuing
contravention, with an additional fine which may extend to twenty rupees for every day
during which such contravention con tinues after conviction for the first such contraven
tion ; or
(c) with fine which may extend to ten rupees for every day during which the contravention
continues after the receipt of a notice from the [Board] by the
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
284. Supplemental provisions regarding byelaws.‑(1) Any power to make bye‑laws conferred
by this Act is conferred subject to the condition of the bye‑laws being made after previous publication
and of their not taking effect until they have been approved and confirmed by the 1[Federal Govern
ment] and published in the 2[official Gazette].
(2) The 1[Federal Government] in confirming a bye‑law may make any change therein which
appears to it to be necessary.
(3) The 1[Federal Government] may, after previous publi cation of its intention, cancel any
bye‑law which it has confirmed, and thereupon the bye‑law shall cease to have effect.
285. Rules and byelaws to be available for inspection and purchase.‑(1) A copy of all rules
and bye‑laws made under this Act shall be kept at the office of the 3[Board] and shall, during office
hours, be open free of charge to inspection by any inhabitant of the cantonment.
(2) Copies of all such rules and bye‑laws shall be kept at the office of the 3[Board], 4[and shall be
sold to the public at cost price singly, or in collections at the option of the purchaser].
_______
CHAPTER XVII
SUPPLEMENTAL PROVISIONS
286. Extension of certain provisions of the Act and rules to places beyond cantonments. The
2[Federal Government] may, by notification in the 2[official Gazette], and subject to any conditions
as to com pensation or otherwise which it thinks fit to impose, extend to any area beyond a
cantonment 5 and in the vicinity thereof, with or without restriction or modification, any of the
provisions of Chapters IX, X, XI, XII, XIII, XIV and XV or of any rule or bye‑law made under this
Act for the cantonment which re lates to the subject‑matter of any of those Chapters, and every
enactment, rule or bye‑law so extended shall thereupon apply to that area as if the area were included
in the cantonment.
6[286A. Power to delegate functions of Executive Officer. The 3[Board] may empower any of
its members or officers to exercise or perform in the absence of the Executive Officer from the
cantonment all or any of such powers or duties of an Executive Officer under this Act as the
1[Federal Government] may, by notification in the 2[official Gazette], specify in this behalf.]
1 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “L.G”.
2 Subs. ibid., for “local official Gazette”.
3 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
4 Subs. by Act 24 of 1936, s. 67, for “for sale to the public”.
5 For such a notifin. in respect of Rawalpindi Cantonment, see Gaz. of P., 1953, Ext., pp. 798 and 799.
6 S. 286A ins. by the Cantonments (Amdt.) Act, 1931 (7 of 1931), s. 8.
(2) The Board may, with the prior approval of the Federal Government, by resolution, delegate all
or any of its powers under this Act or the rules made there under to any of its officers subject to such
conditions or limitations as may be specified, in the resolution.]
287. Registration.‑(1) Paragraphs 2 and 3 of section 54, and sections 69, 107 and 123 of the
Transfer of Property Act, 1882 (IV of 1882), with respect to the transfer of property by registered
instrument, shall, on and from the commencement of this Act, extend to every canton ment.
2[(2) The Registrar or Sub‑Registrar of the district or sub district formed for the purposes of the
Registration Act, 1908 (XVI of 1908), in which any cantonment is situated, shall, 3[when any docu
ment relating to immoveable property within the cantonment is registered, send information of the
registration] forthwith to the 4[Board] or such other authority as the 5[Federal Government] may
prescribe in this behalf.]
288. Validity of notices and other documents. No notice, order, requisition, licence, permission
in writing or other such document issued under this Act shall be invalid merely by reason of any
defect of form.
289. Admissibility of document or entry as evidence. A copy of any receipt, application, plan,
notice, order or other document or of any entry in a register, in the possession of a 4[Board] shall, if
duly certified by the legal keeper thereof or other person authorised by the 4[Board] in this behalf, be
admissible in evidence of the existence of the document or entry, and shall be admitted as evidence of
the matters and transactions therein recorded in every case where, and to the same extent to which,
the original document or entry would, if produced, have been admissible to prove such matters.
290. Evidence by officer or servant of the Board. No officer or servant of a 4[Board] shall, in
any legal proceeding to which the 1[Board] is not a party, be required to produce any register or
document the contents of which can be proved under section 289 by a certified copy, or to appear as
a witness to prove any matter or transaction recorded therein save by order of the Court made for
special cause.
291. Application of Act IV of 1899. For the purposes of the Government Buildings Act, 1899
(IV of 1899), cantonments and 5[Boards] shall be deemed to be municipalities and municipal
authorities respectively.
292. [Repeals.] Rep. by the Repealing Act, 1927 (XII of 1927), s. 2.
1 Ins. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 11.
2 Subs. by the Cantonments (Amdt.) Act, 1926 (35 of 1926), s. 11, for the original subsection.
3 Subs. by the Repealing and Amending Act, 1927 (10 of 1927), s. and 1st Sch. for certain original words.
4 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
5 Subs. by F.A.O., 1975, Art. 2 adn Table, for "Central Government" which was previously amended by A.O., 1937, for "G.G. Inc."
To
residing at
Take notice that the 1[Board] demands from the sum of
due from on account of (here describe the property, occupation,
circumstances or thing in respect of which the sum is payable) leviable under for the
period of commencing on the day of 19 , and ending on the
day of 19, and that if, within thirty days from the service of this notice, the said sum is not paid to the 1[Board]
at , or sufficient cause for non payment is not shown to the satisfaction of the Executive
Officer, a warrant of distress will be issued for the recovery of the same with costs.
Dated this day of 19
(Signed)
Executive Officer,
Cantonment.
SCHEDULEII
FORM OF WARRANT
(See section 92)
(Here insert the name of the officer charged with the execution of the warrant)
Whereas A. B. of has not paid, and has not shown satisfactory cause for the non‑payment of, the
sum of due on account of * for the period of
commencing on the day of 19 , and ending with the day of
19, which sum is leviable under ;
And whereas thirty days have elapsed since the service on him of notice of demand for the same ;
This is to command you to distrain, subject to the provisions of the Cantonments Act, 1924, the moveable
property of the said A. B. to the amount of the said sum of Rs. ; and forthwith to certify to me,
together with this warrant, all particulars of the property seized by you thereunder.
Dated this day of 19 .
(Signed)
Executive Officer,
Cantonment.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
To
residing at
Take notice that I have this day seized the property specified in the inventory annexed hereto, for the
value of due for the liability * mentioned in the margin for the period
commencing with the day of 19, and ending with
the day of 19, together with Rs. due for
service of notice of demand, and that, unless within seven days from the date of the service of this
notice you pay to the 1[Board] the said amount, together with the costs of recovery, the said property
will be sold by public auction.
Dated this day of 19 .
(Signature of officer executing the warrant)
INVENTORY
(Here state particulars of property seized)
________
SCHEDULE IV
CASES IN WHICH POLICE MAY ARREST WITHOUT WARRANT
(See section 250)
1 2
Section Subject
PART A
118 (1) (a) (i) .. Drunkenness, etc.
167 .. .. Making or selling of food, etc., or washing of clothes, by infected person.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
Section Subject
PART B
118 (1) (a) (ii) .. using threatening or abusive words, etc.
118 (1) (a) (iii) .. Indecent exposure of person, etc.
118 (1) (a) (iv) .. Begging.
118 (1) (a) (v) .. Exposing deformity, etc.
118 (1) (a) (vii) .. Gaming.
118 (1) (a) (xii) .. Destroying notice, etc.
118 (1) (a) (xiii) .. Breaking direction‑post, etc.
118 (1) (f) .. Keeping common gaming‑house, etc.
118 (1) (g) .. Beating drum, etc.
118 (1) (h) .. Singing, etc., so as to disturb public peace or order.
119 (6) .. Letting loose, or setting on, ferocious dog.
125 .. .. Discharging fire‑arms, etc., so as to cause danger.
176 (1) .. .. Remaining in, or re‑entering, cantonment after notice of expulsion for failure to attend hospital
or dispensary.
193 (2) .. .. Destroying, etc., name of street or number affixed to building.
214 .. .. Feeding animal on filth, etc.
236 .. .. Loitering or importuning for sexual immorality.
240 (a) .. .. Remaining in, or returning to, a cantonment after notice of expulsion.
SCHEDULE V
APPEALS FROM ORDERS
(See section 274)
1 2 3 4
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority,s”.
2 Ins. by the Repealing and Amending Act, 1939 (34 of 1939), s. 2 and 1 st Sch.
3 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command”, which was previously amended by Act 35 of 1926, s. 2,
for “Officer Commanding the District”.
4 Ins. by Act 24 of 1936, s. 68.
5 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C”.
1 2 3 4
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Office CommandinginChief, the Command” which was previously amended by Act 35 of 1926, s. 2, for
“Officer Commanding the District”.
3 Ins. by Act 24 of 1936, s. 68.
4 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was previously amended by A.O., 1937, for “G.G. in C”.
5 Entry relating to section 137 omitted by the Cantonments (Amdt.) Act, 1940 (31 of 1940), s. 8.
6 Subs. by the Cantonments (Amdt.) Act, 1925 (7 of 1925), s. 13, for “Commanding Officer of Cantonment”.
7 Subs. by Act, 24 of 1936, s. 68, for “Thirty days from date of refusal”.
1 2 3 4
SCHEDULE VI.[ENACTMENTS REPEALED] Rep. by the Repealing Act, 1927 (XII of 1927), s. 2
and Schedule.
1 Subs. by the Cantonments (Amdt.) Act, 1936 (24 of 1936), s. 69, for “Cantonment Authority”.
2 Subs. by the Cantonments (Amdt.) Ordinance, 1979 (44 of 1979), s. 2, for “Officer CommandinginChief, the Command” which was amended by Act 35 of 1926, s. 2, for “Officer
Commanding the District”.
3 Ins. by Act 24 of 1936, s. 68.
4 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was amended by A.O., 1937, for “G.G. in C”.